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Reso 2011-1735
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Reso 2011-1735
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Last modified
7/15/2011 10:32:27 AM
Creation date
7/13/2011 1:58:55 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1735
Date (mm/dd/yyyy)
06/15/2011
Description
Agmt 4M Investors:Ground Lease/Dev Agmt&Design/Build Gateway Pk
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<br />(6) The Landlord will use its best efforts to create nearby offsite parking for overflow <br />purposes; and <br />(7) The Landlord will work with Tenant to find offsite parking for employees of the <br />restaurant facilities. <br /> <br />Section 11. Final Construction Documents. Prior to commencing construction of the <br />Improvements or Major Alterations, the Tenant shall furnish the Landlord with: <br /> <br />(i) Final Plans and Specifications approved by the Landlord and by any First Mortgagee <br />or other lenders requiring approval; <br /> <br />(ii) Evidence that the Contractor will perform satisfactorily, including, a completions <br />guaranty by the parent corporation of Tenant or a lien bond and a performance and payment <br />surety bond whichever shall be required by an Approved First Mortgagee other than Affiliate. If <br />an Approved First Mortgagee requires a completion guaranty, such guaranty shall be in a form <br />satisfactory to such Approved First Mortgagee and the Landlord shall be entitled to a completion <br />guaranty in substantially the same form. If an Approved First Mortgagee requires a lien bond and <br />a performance and surety bond, then such bonds shall be in a form satisfactory to such Approved <br />First Mortgagee and shall be issued with the Contractor as principal and the Tenant, the <br />Approved First Mortgagee and the Landlord as beneficiaries, as their respective interests may <br />appear. The amount of said bonds shall not be less than the full amount of the construction <br />contracts with the Contractor. Ifthe holder(s) of any mortgagees) require(s) additional bonds in a <br />greater amount than is required pursuant to this subsection, the Landlord shall appear as an <br />oblige on said bonds, as its interest may appear. If the Landlord is the Approved First Mortgagee <br />or if the Approved First Mortgagee is an Affiliate then the Landlord shall determine whether or <br />not it will require a completion guaranty or bonds: <br /> <br />(iii) Evidence reasonably satisfactory to the Landlord that the Tenant has the equity <br />capital and final commitments for mortgage or other financing adequate for the construction of <br />the approved Improvements or Major Alterations; and <br /> <br />(iv) All licenses, permits, approvals, certificates and all other necessary or appropriate <br />actions of any Federal, State, or City authorities required to enable leasing, construction, <br />maintenance, operation and use of the Improvements or Major Alterations in accordance with the <br />Final Plans and Specifications approved by the Landlord and reasonably obtainable given the <br />status of the Project; provided that the Landlord shall within 30 days of its receipt thereof, review <br />and approve or give its reasons for its disapproval of any document prepared and submitted by <br />the Tenant describing all such licenses, permits, approvals, certificates, environmental reviews <br />and other actions which the Tenant intends to deliver and the delivery of documentation <br />evidencing compliance with each item on such a submittal shall conclusively be deemed to <br />satisfy this provision; and <br /> <br />Section 12. Tenant's Overall Responsibilities. With respect to construction of the <br />Improvements or Major Alterations, the Tenant shall be responsible for the following activities <br />(as the same may be reasonably required): <br /> <br />12 <br />
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