Reso 2011-1735 - Laserfiche WebLink

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(iii) After the Final Plans and Specifications have been approved by the Landlord, the Tenant shall not make or permit to be made any Major Alterations without the prior consent of the Landlord. Tenant may make changes which do not constitute Major Alterations provided that notices of any such changes are promptly given to the Landlord. In connection with the foregoing, the parties contemplate and agree that submission and review of design and financial materials will be a continuing process with the parties working cooperatively, expeditiously, reasonably, and in good faith with respect to the design and implementation of the Project, continually coordinating the same to the extent required or deemed advisable with the City of Sunny Isles Beach. (iv) Either party may notify the other that it deems any action or submission or disapproval unreasonable or in bad faith, and describing the consequences of such action and requesting accelerated review of the submission to ameliorate such consequences. Failure to give written notice within thirty (30) days of any such action shall be deemed acquiescence in the reasonableness thereof. Failure to make written protest of any notice within ten (10) days hereof shall constitute acquiescence to the requested relief. Section 9. Design Documents. At all stages of the development review process set forth in Section 8 hereof, the Landlord shall have access to all design documents and technical backup information supporting such documents. The Tenant shall disclose to the Landlord the existence of all design contracts and other technical contracts, and all architectural, engineering or other contracts entered into by the Tenant relating to the design of Major Alterations (including without limitations all plans, specifications, renderings, engineering data, soul reports and other technical documents) are hereby collaterally assigned, to the extent assignable, to the Landlord, subject 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 10. ParkIParking Garage. The Tenant and the Landlord acknowledges that Tenant will need adequate parking spaces to serve customers of the restaurant facilities. As such, the parties will enter into an agreement concerning the use of the Landlord's 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 Landlord; (2) The Landlord shall be entitled to all revenues from the use of the Parking Garage; (3) The Landlord shall be responsible for maintaining the Parking Garage and will maintain the garage in good condition and repair; (4) The Landlord 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 restaurant facilities are closed); 11