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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 />substantially the same alterations or changes unless so permitted by the Landlord. The Tenant <br />may alter and make leasehold improvements for occupants in areas of the Improvements not <br />accessible by the public. All alterations and additions made in accordance with this Section shall <br />be constructed in a good and workmanlike manner, with new first-class materials and equipment <br />and in conformity with all applicable Federal, State and local laws, ordinances and regulations <br />and shall be completed with all due diligence. If the Tenant shall fail to comply with the <br />foregoing requirements, the Landlord may, within a reasonable time after its discovery thereof, <br />direct in writing that the Tenant so modify, reconstruct or remove such portion or portions of the <br />Improvements as were reconstructed, demolished, or subtracted from or added to or extended <br />without the prior approval of the Landlord. The Tenant shall promptly comply with such <br />directive, and shall not proceed further with such reconstruction, demolition, subtraction, <br />addition or extension until such directive is complied with. <br /> <br />Section 8. Modification of Approved Site Plan. The Tenant shall cause Improvements or <br />"Major Alterations" (as defined in the City's Land Development Regulations) to be constructed <br />upon the Premises only in accordance with the Approved Site Development Plan and with a <br />Schematic Design Submittal, an approved Design Development Submittal, and Final Plans and <br />Specifications, as approved by the City, each with accompanying financial analysis showing <br />sources and uses and financial commitments, that have been approved by the Landlord pursuant <br />to the requirements of the following Review Process: <br /> <br />(i) All subsequent submissions shall be consistent with the City Approved Site <br />Development Plan. <br /> <br />(ii) Within reasonable time but not later than thirty (30) days after submission by the <br />Tenant of any materials which require approval in accordance with the Review Process, the <br />Landlord, in writing, except "Major Alterations" shall review such materials to determine if they <br />are acceptable. If the Landlord does not notify the Tenant in writing within said thirty (30) day <br />period of all specific respects in which the same is unacceptable, such materials shall be treated <br />as having been approved by the Landlord, as will all elements within such submission which are <br />not so specified as unacceptable. In regard to any specific matters which the Landlord <br />disapproves, the Tenant shall, within thirty (30) days (or such additional time as may be <br />requested by the Tenant and reasonably approved by the Landlord) after the Tenant receives <br />written notice of such disapproval, resubmit appropriate material, altered in an effort to remove <br />the basis for such disapproval. All resubmissions and subsequent approvals or disapprovals <br />thereof shall be made and given in accordance with the procedure hereinabove provided for the <br />original submission, until the relevant materials shall be approved or shall be treated as having <br />been approved by the Landlord as set forth above, or until this Lease has been terminated <br />pursuant to the provisions hereof. Notwithstanding the foregoing, Tenant is required to obtain all <br />necessary building permits if Landlord fails to review materials that are not deemed "Major <br />Alterations" . <br /> <br />(iii) After the Final Plans and Specifications have been approved by the Landlord, the <br />Tenant shall not make or permit to be made any Major Alterations without the prior written <br />consent of the Landlord. Tenant may make changes which do not constitute Major Alterations <br />provided that written notices of any such changes are promptly given to the Landlord. In <br /> <br />11 <br /> <br />I <br />
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