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HomeMy Public PortalAboutLandlord Release and Consent - Signed by City.pdfCITY OF TYBEE ISLAND LANDLORD RELEASE AND CONSENT WHEREAS, the City of Tybee (City) Island is the owner of improved property located on the North end of the Island as more fully described in the exhibit attached hereto, and WHEREAS, City is leasing the building and site to the Tybee Island Marine Science Center Foundation (MSC) at 37 Meddin Drive, Tybee Island, Georgia pursuant to a Lease Agreement dated the 16th day of March 2020; and WHEREAS, First Chatham Bank (Lender) has or intends to make loans to MSC for operating purposes; and WHEREAS, the City acknowledges notice of lender's security interest and consents to assignments of the MSC's interest in the personal property and items belonging to MSC (Collateral). If MSC defaults under the loan or the lease, lender may reassign rights in the personal property of the MSC and may exercise its rights with respect to the Collateral consisting of the personal property and items of the MSC (Collateral) located in and around the leased building. The City and MSC grant to Lender the right to enter upon the premises for the purpose of removing Collateral from the premises or conducting sales of the Collateral on the premises, however, neither Lender nor MSC shall cause damage. City consents to the Lender's security interest in the Collateral and disclaims all interest, liens and claims which the City now has or hereinafter acquire in the Collateral. This agreement is executed his 22nd day of January 2021, it is given under seal and it is intended that this agreement is and shall constitute and have the effect of a sealed instrument according to law. SIGNATURE PAGE TO FOLLOW Marine Science Center Foundation (MSC/Barrower) By: Its: City of Tybee Island (City) By: Ay/ 4,.. Its: 4 y First Chatham Bank (Lender) By: Its: Approved to Form: Edward Hughes City Attorney Ellis, Painter, Patterree Adams Janet LeViner, MMC City Clerk City of Tybee Island