Reso 2011-1749 - Laserfiche WebLink

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connection with the foregoing, the Parties contemplate and agree that submission and review of design and [mancial 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 publiclprivate partnership between the City and the Tenant (the "Project"), continually coordinating the same to the extent required or deemed advisable with the City. (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 VI(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. Park/Parking Garage. The Tenant and the Landlord acknowledges that Tenant will need adequate parking spaces to serve customers of the restaurant facilities, and the Parties will enter into a separate agreement for the construction of Landlord's Parking Garage. Upon the selection of the Acceptable Vendor, the Landlord and Tenant shall negotiate a parking agreement to provide adequate parking to serve the restaurant facilities. Landlord reserves the right to charge fees for the use of the Parking Garage. Section 11. Final Construction Documents. Prior to commencing construction of the Improvements or Major Alterations, the Tenant shall furnish the Landlord with: (i) Final Plans and Specifications approved by the Landlord and by any Approved First Mortgagee or other lenders requiring approval; (ii) Evidence that the applicable contractor ("Contractor") will perform satisfactorily, including, a completions guaranty by the parent corporation of Tenant or a lien bond and a performance and payment surety bond whichever shall be required by an Approved First Mortgagee. If an Approved First Mortgagee requires a completion guaranty, such guaranty shall 12 ..7