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Reso 2011-1749
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Reso 2011-1749
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Last modified
8/19/2013 2:24:28 PM
Creation date
7/22/2011 3:25:33 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1749
Date (mm/dd/yyyy)
07/21/2011
Description
Approving a Ground Lease and Dev. Agreement w/4M Investors, LLC
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<br />Section 2. Schedule for Design/Construction. The Tenant shall commence construction of <br />the Tenant's Improvements no later than ninety (90) days after having acquired Final Approvals <br />for Tenants Improvements. <br /> <br />Section 3. Construction Standards. The Tenant shall construct the Tenant's Improvements. <br />in a good and workmanlike manner, with new first-class materials and equipment, and in <br />conformity with all applicable Federal, State and local laws, ordinances and regulations. <br /> <br />Section 4. Monthly Progress Reports. The Tenant shall submit to the Landlord a detailed <br />estimated progress schedule at the time construction is begun, in a format generally used in the <br />construction of buildings. This schedule shall be resubmitted each month until the construction <br />of the Improvement has been completed, with actual progress shown. This monthly submission <br />shall be accompanied by a written report by the Tenant citing any adjustments to the progress <br />forecast, analyzing the causes thereof, and, where applicable, noting corrective efforts. <br /> <br />Section 5. Certificate of Occupancy. Promptly upon substantial completion of Tenant's <br />Improvements, as reasonably determined by the Landlord, the Tenant may give to the Landlord <br />written notice thereof. Not later than thirty (30) business days after the receipt of such notice, the <br />Landlord will either (i) issue to the Tenant a Certificate of Occupancy, or temporary Certificate <br />of Occupancy if all required inspections are passed or (ii) provide the Tenant with a written <br />statement indicating in reasonable detail in what respect the Tenant has failed to complete the <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 for the Tenant Improvements hereunder shall be subject to inspection by representatives of <br />the Landlord at any time with notice to the Tenant. Such representatives shall abide by all <br />reasonable and usual rules of the workplace established by the general contractor, including, <br />without limitation, safety requirements. Tenant, upon request of Landlord, shall designate an on- <br />site representative who shall be available through final completion of Tenant's Improvements. <br /> <br />Section 7. Alterations of Completed Improvements. After a Certificate of Occupancy or <br />temporary Certificate of Occupancy shall have been issued, the Tenant shall not make or permit <br />to be made any substantial alteration of, addition to or change in the exterior facade (which shall <br />include, without limitation, entrance locations, materials, windows, and cornices forming a part <br />of such fayade) or the landscaping, other exterior features, or publicly accessible major interior <br />features of the Improvements to which such certificate relates or otherwise materially alter the <br />Premises in a manner contrary to the use and design features set forth in the Approved Site <br />Development Plan ("Major Alterations") without the prior written consent of the Landlord. Any <br />request for such consent shall be accompanied by graphic, financial, and other materials <br />sufficient to illustrate the nature and extent of the proposed alteration, its impact, if any, upon <br />improvements existing upon or planned for under the Approved Site Development Plan, and <br />shall be submitted to the Landlord in accordance with the Review Process established in Article <br />V hereof. Upon any reasonable disapproval thereof by the Landlord, the Tenant shall have no <br />right, within two (2) months after such disapproval, to resubmit for approval any request for <br /> <br />10 <br /> <br />j <br />
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