Reso 2010-1658 - Laserfiche WebLink

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only the rights of any Approved First Mortgagee therein. All documents produced thereunder, to the extent assignable, shall become the property of the Landlord if this Lease is terminated as a result of default by the Tenant (subject to the rights of any Approved First Mortgagee if such Approved First Mortgagee exercises a right to receive a new Lease pursuant to Article XVII; provided, however, that the Landlord shall pay any outstanding amounts due to said contractors or consultants as of the date of such termination for any work completed or in progress as of such date if the Landlord wishes to assert its rights to such design documents or other work products. Section 11. Park/Parking Garage. The Tenant and a responsible architectural, planning, design, engineering and consulting firm or firms (the "Architect") which firm or firms shall be approved by the Landlord, such approval not to be unreasonably withheld, shall enter into a contract or contracts, satisfactory in form to the Landlord, for the design of the Parking Garage and park and, where appropriate, for supervision of construction. The Tenant may, at any time thereafter, change such firm or firms or enter into contracts with new firms with the written approval of the Landlord. (a) The parties will enter into an agreement concerning the use of the Parking Garage before approval of the site plan by the City. The agreement will contain the following terms among others: (1) The Parking Garage will be under the day to day control of the City; (2) The City will be entitled to all revenues from the use of the Parking Garage; (3) The City will be responsible for maintaining the Parking Garage and will maintain the garage in good condition and repair; (4) The City and Tenant will jointly develop a shared parking arrangement; (5) There shall be public access to the Parking Garage at all hours the Parking Garage is open (including hours in which the Aquatic Center is closed); (6) The City will use its best efforts to create nearby offsite parking for overflow purposes; and (7) The City will work with Tenant to find offsite parking for employees of the Aquatic Center. Section 12. Construction Contract. The Tenant and a financially responsible general contracting firm or firms (the Contractor), which firm or firms shall be approved by the Landlord, such approval not be unreasonably withheld, shall enter into a contract or contracts, satisfactory in form to the Landlord, for the construction of the Tenant's Improvements or any Major Alterations, in accordance with Approved Site Development Plan and the Final Plans and Specifications referred to in Section 8, and the Tenant may, at any time thereafter, change such firm or firms or enter into contracts with new firms with the approval of the Landlord, such approval not to be unreasonably withheld. Section 13. Final Construction Documents. Prior to commencing construction of the Improvements or Major Alterations, the Tenant shall furnish the Landlord with: (i) Final Plans and Specifications approved by the Landlord and by any First Mortgagee or other lenders requiring approval; 13 U:\City Attorney\/IANS\20 I 0 Documcnts\4m Investors\GROUND LEASE WORKING DRAFT I I.l6.1 O.doc