Common use of Lease Requirements Clause in Contracts

Lease Requirements. 18.1 Reference is made to that certain Commercial Lease dated April 27, 2022, between AVS Properties, as Lessor, and Xxxxxxx, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the Lessor, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

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Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease dated April 27, 2022, November 2020 between AVS PropertiesEsper Xxxxx Xxxxxx LLC, as LessorLandlord, and Xxxxxxx, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Triple Net Lease Agreement dated April 27June 18, 20222019, between AVS PropertiesUrban Investors 12200 LLC, as LessorLandlord, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx Grantee agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

Lease Requirements. 18.1 Reference is made to that certain Commercial Lease Agreement dated April 27, 2022, between AVS Properties3D international Holdings, LLC, a Florida limited liability compnay, as LessorLandlord, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx Grantee agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the Lessor, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease Agreement dated April 27December 1, 20222019, between AVS PropertiesXxxxx X. Salt, as LessorTrustee of Building 710 Land Trust, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx Grantee agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Beautification and Enhancement Grant Agreement

Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease Agreement dated April 27May 1, 20222017, between AVS PropertiesXxxxx and Xxxxxxx Xxxxxxxxxx, as LessorLandlord, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx Grantee agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Beautification and Enhancement Grant Agreement

Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease Agreement dated April 27September 9, 20222020, between AVS PropertiesRaro Investment Trust, as LessorLandlord, and Xxxxxxx, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

Lease Requirements. 18.1 Reference is made to that certain Commercial Lease dated April 27May 1, 2022, between AVS PropertiesRibeiro International Investments II, LLC, as Lessor, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the Lessor, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease Agreement dated April September 27, 20222019, between AVS PropertiesXxxxx Xxxxxxxxxx, as LessorLandlord, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx Grantee agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

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Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease Agreement dated April 27March 10, 2022, between AVS PropertiesXxxxx Xxxxxx Xxxxxxxx, Xx., as Lessor, Landlord and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx Grantee agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Beautification and Enhancement Grant Agreement

Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease Agreement dated April 27September 18, 20222017, between AVS PropertiesXxxx Realty Group, Inc., as LessorLandlord, and Xxxxxxx, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Projectinstallation of the Equipment, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements Equipment and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements Equipment as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

Lease Requirements. 18.1 11.1 Reference is made to that certain Commercial Lease Agreement dated April 27January 1, 2022, between AVS PropertiesXxxxxxx Property 1 LLC, as LessorLandlord, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 11.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the LessorLandlord, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

Lease Requirements. 18.1 Reference is made to that certain Commercial Triple Net Lease Agreement dated April 27October 15, 20222019, between AVS PropertiesUrban Investors 12200, LLC, as Lessor, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA with written confirmation of the foregoing signed by the Lessor, which confirmation shall be in a form and substance as provided by the CRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA a security interest in the Project improvements as security for Grantee’s obligations to the CRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Beautification and Enhancement Grant Agreement

Lease Requirements. 18.1 Reference is made to that certain Commercial Lease dated April 27November 1, 2022, between AVS PropertiesGSP Moca Plaza LLC, as LessorLandlord, and XxxxxxxGrantee, as Tenant (the “Lease”). Grantee represents and warrants to the CRA that: (a) the Lease is a bona fide arm’s length Lease; (b) the Lease is in full force and effect; (c) the copy of the Lease provided to the CRA NMCRA by the Grantee is a true, complete, and correct copy thereof; (d) neither Grantee or Landlord is in default of its respective obligations thereunder; (e) there has been no sublease, license, concession, or other agreement, written or oral, with respect to the premises (as defined in the Lease) and (f) Grantee has not assigned, transferred, conveyed, mortgaged, hypothecated, deeded in trust, or encumbered the Lease, and shall not mortgage or otherwise hypothecate the Lease without the prior written consent of the CRANMCRA. In the event the Lease is terminated, assigned (in whole or in part) or there is a sublease of the premises (in whole or in part) during the term of this Agreement or during the five (5) year period following completion of the Project, such shall be considered a material default of this Agreement and all funding or Grant disbursements shall immediately terminate and the Grantee agrees to immediately pay to the CRA NMCRA one hundred percent (100%) of the Grant received through the Program. Xxxxxxx agrees to simultaneously provide the CRA NMCRA with copies of any correspondence alleging a default by either party or both under the Lease, as well as any correspondence terminating the Lease. 18.2 Grantee further hereby represents and warrants to the CRA that (a) the Lessor Landlord has consented in writing to (i) the Grantee receiving the Grant, (ii) the improvements to the Property pursuant to the Scope of Work, and (iii) the filing and recording of a UCC-1 Financing Statement with the Florida Secured Transactions Registry and in the Public Records of Miami-Dade County, respectively, perfecting the CRANMCRA’s security interest in the Project improvements and (b) the remaining term of the Lease extends to a date which is at least five (5) years (including renewal periods) after the Funding Termination Date. Simultaneously upon execution of this Agreement, the Grantee shall provide the CRA NMCRA with written confirmation of the foregoing signed by the Lessor, which confirmation shall be in a form and substance as provided by the CRANMCRA. In furtherance of subsection (iii) above, Grantee hereby grants the CRA NMCRA a security interest in the Project improvements as security for GranteeXxxxxxx’s obligations to the CRA NMCRA under this Agreement arising now or in the future.

Appears in 1 contract

Samples: Grant Agreement

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