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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />Improvements, and what measures will be necessary, in the opinion of the Landlord, for the <br />Tenant to take to obtain such Certificate. <br /> <br />Section 6. Inspection. Notwithstanding any other provision of this Lease, all construction <br />work of the Tenant hereunder shall be subject to inspection by representatives of the Landlord at <br />any time without notice to the Tenant. Such representatives shall abide by all reasonable and <br />usual rules of the workplace established by the general contractor, including, without limitation, <br />safety requirements. Tenant, upon request of Landlord, shall designate an on-site representative <br />who shall be available through final completion of Tenant's Improvements. <br /> <br />Section 7. Alterations of Completed Improvements. After a Certificate of Compliance shall <br />have been issued, the Tenant shall not make or permit to be made any substantial alteration of, <br />addition to or change in the exterior facade (which shall include, without limitation, entrance <br />locations, materials, windows, and cornices forming a part of such fa<;:ade) or the landscaping, <br />other exterior features, or publicly accessible major interior features of the Improvements to <br />which such Certificate relates or otherwise materially alter the Premises in a manner contrary to <br />the use and design features set forth in the Approved Site Development Plan (Major Alterations) <br />without the prior consent of the Landlord. Any request for such consent shall be accompanied by <br />graphic, financial, and other materials sufficient to illustrate the nature and extent of the <br />proposed alteration, its impact, if any, upon improvements existing upon or planned for under the <br />Approved Site Development Plan, and shall be submitted to the Landlord in accordance with the <br />Review Process established in Article V hereof. Upon any reasonable disapproval thereof by the <br />Landlord, the Tenant shall have no right, within two (2) months after such disapproval, to <br />resubmit for approval any request for substantially the same alterations or changes unless so <br />permitted by the Landlord. The Tenant may alter and make leasehold improvements for <br />occupants in areas of the Improvements not accessible by the public. All alterations and <br />additions made in accordance with this Section shall be constructed in a good and workmanlike <br />manner, with new first-class materials and equipment and in conformity with all applicable <br />Federal, State and local laws, ordinances and regulations and shall be completed with all due <br />diligence. If the Tenant shall fail to comply with the foregoing requirements, the Landlord may, <br />within a reasonable time after its discovery thereof, direct in writing that the Tenant so modify, <br />reconstruct or remove such portion or portions of the Improvements as were reconstructed, <br />demolished, or subtracted from or added to or extended without the prior approval of the <br />Landlord. The Tenant shall promptly comply with such directive, and shall not proceed further <br />with such reconstruction, demolition, subtraction, addition or extension until such directive is <br />complied with. <br /> <br />Section 8. Modification of Approved Site Plan. The Tenant shall cause Improvements or <br />Major Alterations to be constructed upon the Premises only in accordance with the Approved <br />Site Development Plan and with a Schematic Design Submittal, an approved Design <br />Development Submittal, and Final Plans and Specifications, as approved by the City, each with <br />accompanying financial analysis showing sources and uses and financial commitments, that have <br />been approved by the Landlord pursuant to the requirements of the following Review Process: <br /> <br />(i) All subsequent submissions shall be consistent with the City Approved Site <br />Development Plan. <br /> <br />11 <br /> <br />U:\City Attorney\HANS\20 I 0 Documcnts\4m Illvestors\GROUND LEASE WORKING DRAFT 11.16.1 O.doc <br />
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