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Contingent Consent to Assignment of LeaseCONTINGENT CONSENT TO ASSIGNMENT OF LEASE For valuable consideration, the receipt and sufficiency of which are hereby acknowledged and accepted, the City of Meridian, an Idaho Municipal Corporation ("City"), does hereby grant a contingent consent to the assignment of that certain lease agreement dated October 3, 1978 between City and Cherry Lane Recreation, Inc to joint tenants Lakeview Meridian Investors, LLC, an Idaho Limited Liability Company, and Boise Ranch Golf Course, Inc, an Idaho Corporation. The proposed joint tenants shall be collectively referred to herein as "Assignee." City's consent to the assignment of the lease is contingent on the following: City and Assignee shall enter into a separate written amended lease agreement, in form and content substantially similar to the draft agreement included in the public record for the special meeting of the Meridian City Council held on Tuesday April 26, 2005 at 6:30 p.m. The amended lease agreement shall include any mutually agreed-upon additional or amended terms necessary to address issues raised by Assignee's legal counsel, and any additional or amended terms necessary to address legitimate and material concerns that may be raised by the public at the April 26, 2005 special meeting. TIME IS OF THE ESSENCE: City and Assignee shall work diligently to finalize the amended lease agreement. Assignee's occupancy of the leased premises shall be considered temporary and such occupancy shall be terminated and this consent to assignment shall be revoked unless a final amended lease document has been executed by Assignee and presented to City for approval at its regularly scheduled City Council Meeting to be held on May 17. 2005. The terms and conditions of this Consent to Assignment are binding upon the parties hereto, their heirs, successors and assigns, and may not be modified, altered or changed in any manner unless in writing, signed by all parties. DATED this 26th day of April, 2005. CITY OF MERIDIAN: ATTEST ------------------- A rz(; *;; By -�! Tammy de City Clerk Agreed and Accepted: LAKEVIEW MERIDIAN INVESTORS, LLC BOISE LIMA NCH GOLF, INC R. Davis, Presid nt