Res 2017-167/approving a Lease-Purchase Agreement with the Trust for Public Land providing for the City to lease with an option to purchase approximately 102 acres of land west of the City off of Derby Court, which agreement provides for payment by the C

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default, the nature thereof in detail; (d) whether or not Lessee is in occupancy of the Leased Premises, and (e) such other information pertaining to this Agreement and Lessee as Lessor may reasonably request. Failure by Lessee to so reply within said ten (10) days shall be deemed confirmation by the Lessee that all parties are in good standing under the Lease. 12. ATTORNMENT: If the interests of Lessor under this Agreement shall be transferred voluntarily or by reason of foreclosure or other proceedings for enforcement of any mortgage on the Leased Premises, Lessee shall, at the election of such transferee, be bound to such transferee (herein sometimes called the "Purchaser") for the balance of the term hereof remaining, and any extensions or renewals thereof which may be effected in accordance with the terms and provisions hereof, with the same force and effect as if the Purchaser were the Lessor under this Agreement, and Lessee does hereby agree upon written request to attorn to the Purchaser, including the mortgagee under any such mortgage if it be the Purchaser, as its Lessor, said attornment to be effective and self -operative without the execution of any further instruments, upon the Purchaser succeeding to the interest of the Lessor under this Lease. Notwithstanding the foregoing, however, Lessee hereby agrees to execute any instrument(s) which Lessor may deem desirable to evidence said attornment by Lessee. The respective rights and obligations of Lessee and the Purchaser upon such attornment, to the extent of the then remaining balance of the Lease Term of and any such extension and renewals, shall be and are the same as those set forth herein. In the event of such transfer of Lessor's interest, Lessor shall be released and relieved from all liability and responsibility to Lessee under this Lease or otherwise from and after said transfer, but no liabilities and responsibilities accrued prior thereto, and Lessor's successor by acceptance of rent from Lessee hereunder shall become liable and responsible to Lessee in respect to all obligations of the Lessor under this Agreement accruing from and after the date of such transfer. 13. ASSIGNMENT OR SUBLETTING: (a) Except as set forth herein, without the written consent of Lessor first obtained in each case, Lessee shall not assign, transfer, mortgage, pledge, or otherwise encumber or dispose of this Lease or the Leased Premises or any part thereof; or permit the Leased Premises to be occupied by other persons other than for park, opens space or conservation purposes. Lessee agrees that this Agreement and the option to purchase contained herein may not be assigned to any entity or person other than any agency or government or any entity holding tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code. Lessor shall not have any obligation to consent to any assignment except as provided in this Paragraph 13. The Lessor may, after default by the Lessee, collect or accept Rent from the assignee, or occupant and apply the net amount collected or accepted to the Rent herein reserved, but no such collection or acceptance shall be deemed a waiver of this covenant or the acceptance of the assignee, or occupant as Lessee, nor shall it be construed as, or implied to be, a release of the Lessee from the further observance and performance by the Lessee of the terms, provisions, covenants and conditions herein contained, nor as an imposition upon Lessor of any of the obligations required of Lessee as assignor under said sublease. Lessee shall not be permitted to sublet the Property. (b) any assignment, subletting, hypothecation, pledging or other disposition of Lessee's interest hereunder, in violation of the terms hereof, shall be deemed null and void, and shall constitute an act of default hereunder. 0