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subordinates such lien or encumbrance to the Real Property/Facility Lease or <br />easement and agrees that upon foreclosure of such lien or encumbrance to be <br />bound by and comply with all of the terms, conditions and covenants con- <br />tained in the Real Property/Facility Lease or easement as if such holder had <br />been an original Lessor/Grantor under the Real Property/Facility Lease or <br />easement. <br />h. It must acknowledge the existence of this Agreement and contain a provision <br />that the terms, conditions and provisions contained in this Agreement shall <br />control over any inconsistent or contrary terms, conditions and provisions <br />contained in the Real Property/Facility Lease or easement. <br />i. It must provide that any use restrictions contained therein only apply as long <br />as the Public Entity is the lessee under the Real Property/Facility Lease or <br />grantee under the easement, and that such use restrictions will terminate and <br />not apply to any successor lessee or grantee who purchases the Public Entity’s <br />ownership interest in the Real Property/Facility Lease or easement. Provided, <br />however, it may contain a provisions that limits the construction of any new <br />structures on the Real Property or modifications of any existing structures on <br />the Real Property without the written consent of Lessor/Grantor, which will <br />apply to any such successor lessee or grantee. <br />j. It must allow for a transfer thereof in the event that the lessee under the Real <br />Property/Lease or grantee under the easement makes the necessary determina- <br />tion to sell its interest therein, and allow such interest to be transferred to the <br />purchaser of such interest. <br />k.It must contain a provision that prohibits and prevents the sale of the underly- <br />ing fee interest in the Real Property and, if applicable, Facility without first <br />obtaining the written consent of the Commissioner of MMB. <br />l. The Public Entity must be the lessee under the Real Property/Lease or grantee <br />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 comply with all of the terms, condi- <br />tions and provisions contained in a Real Property/Facility Lease or easement, and shall ob- <br />tain 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 />Generic GO Bond Proceeds <br />Grant Agreement for Program End Grants 11 Ver – 10/26/20