AgdaPkt 2004-06-21 - Laserfiche WebLink

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�,i-�.�� standards and requirements. This obligation extends to such repairs on Pazcel B, whether to structures or otherwise as are necessary to maintain the Public Parking Facility in a first class condition. In performing any of the work required or permitted in this subsection, the City shall (i) take all measures reasonably required to protect the Developer and the Developer's tenants or employees, or their respective property, from injury or damage arising from the work or the entry in or on any easement granted hereunder, (ii) perform any work at a time, for a duration and in such a manner so as not to unreasonably impair or interfere with the development, construction, use, occupancy, operation of or ingress to and egress from the Retail Cinema, (iii) undertake all reasonable efforts and utilize all reasonable diligence so that the period of construction or work affecting the property of the Developer is as short as reasonably practicable (without incurring obligations for payment of overtime or premium unless reasonably necessary to prevent material disruption or material inconvenience to the other party), (iv) do all things reasonably necessary and proper in accordance with the building construction industry standards in the City to keep all of the area affected by the work in a safe and clean condition, and (v) upon completion of the work, replace and restore the area affected by the work to its condition prior to the performance of the work, at the sole cost and expense of the City. Section 9. Renair and Restoration. If fifty percent (50%) or less of the Public Parking Facility is damaged or destroyed by fire, the elements or any other casualty, the City shall repair or restore (or cause to be repaired or restored) the Public Parking Facility, at its expense, to the same or substantially similar condition as the Public Parking Facility existed prior to the damage or destruction, together with such additional improvements as are required by then-current applicable laws, codes or regulations, except in the case where the Developer or its agents cause the fire, in which case the Developer shall be responsible for all costs of repair. In the event the then-current applicable laws, codes or regulations require more support for the Retail Cinema than are then required to repair or restore the Public Parking Facility (the "Additional Support"), the City shall include such Additional Support in its repair and restoration unless the use of the Public Parking Facility is materially impaired thereby, and the City shall give the Developer the opportunity to review and approve the plans for such Additional Support. In the event that more than fifty percent (50%) of the Public Parking Facility is damaged or destroyed, the parties hereto agree that they will confer in good faith as to the reasonable options available under the circumstances and as to an equitable means of paying the costs of restoring the Public Parking Facility, if applicable. Section 10. Covenants Running with the Land. a. The covenants and restrictions in favor of the Developer contained herein shall be burdens upon Parcel B, shall run with and for the benefit of Parcel A, and shall be binding upon the successors and assigns of the City in accordance with California Civil Code Section1468. Upon acceptance of an interest in Parcel B, each owner of all or any portion of, or any interest in Parcel B shall be deemed to have assumed the duties of the City hereunder. REDW\0002\007-6.DOC 6\16\04 400 law 11