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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 />(i) Obtaining adequate financing; <br /> <br />(ii) Except as otherwise determined by the Landlord in accordance with its authority <br />under applicable laws and this Lease, obtaining required governmental approvals, permits, <br />certificates, rulings and other actions necessary for the Improvements; <br /> <br />(iii) Ascertaining that the Landlord's continued fee simple title to the Land is satisfactory <br />to the Tenant and any mortgagee; <br /> <br />(iv) Obtaining necessary contracts with the Architect and Contractor and all other <br />necessary agreements for the construction and operation of the Improvements; <br /> <br />(v) Marketing and leasing the restaurant facilities to prospective users ofthe facilities.. <br /> <br />The purpose of this Section is to facilitate the implementation of cooperative efforts <br />between the Landlord and the Tenant and, except for the cooperation obligation set forth in this <br />Lease, nothing in this Lease shall be deemed to impose upon the Tenant any separate obligations <br />beyond those created by the other provisions of this Lease. <br /> <br />Section 13. Cooperation. Each party hereby pledges to provide the other party with such <br />information and other support and cooperation as may be reasonably required by the other party <br />(i) to carry out the responsibilities set forth in this Lease hereof, (ii) to keep the other party fully <br />informed of its activities pursuant to Article VI, and (iii) to take such other steps as may <br />reasonably be required for the accomplishment of the Improvements, and (iv) to assist upon <br />request from Tenant to find Acceptable Vendors for leased premises. <br /> <br />ARTICLE VII <br />Acceptable Vendor <br /> <br />Section 1. Acceptable Vendor. Tenant acknowledges that it has limited experience in the <br />operations of restaurants. Tenant agrees to retain an acceptable vendor to manage and operate <br />the restaurant facilities and associated amenities. At a minimum, the Acceptable Vendor must <br />possess the following qualifications: <br /> <br />(a) The Acceptable Vendor must possess the experience, qualifications, good reputation, <br />financial resources, and adequate personnel necessary for the proper management of <br />the restaurant facilities as required under the Lease/Development Agreement. <br />(b) The Acceptable Vendor must establish and maintain an on site management and/or <br />administrative office within the leased premises. <br />(c) The Acceptable Vendor shall have no outstanding material violations of any federal, <br />state or local law, regulation, code or ordinance against the Acceptable Vendor. <br />(d) The Acceptable Vendor must not be owned, controlled or run by entities or <br />individuals who have not been convicted or are presently under indictment, for <br />felonies under the laws of any foreign or domestic U.S. jurisdiction. <br /> <br />13 <br />
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