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Agmt04 cinema parking garage
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Agmt04 cinema parking garage
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Last modified
7/5/2005 2:48:38 PM
Creation date
7/13/2004 8:36:55 AM
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Template:
Agreement
Contractor Name
retail cinema parking garage
PROJECT NAME
easement & vacation
RMP File Number
606 bin 24
Date
7/12/2004
MO Ref
04-123 RD-04-11
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<br />necessary and proper in accordance with the building construction industry standards in <br />the City to keep all of the area affected by the work in a safe and clean condition, and (v) <br />upon completion of the work, replace and restore the area affected by the work to its <br />condition prior to the performance of the work, at the sole cost and expense of the <br />Developer. <br />e. The City and its successors will at all times maintain the Public <br />Parking Facility and the Access Points (including all equipment related to elevators <br />and/or escalators) in a clean, safe litter-free and sanitary condition, consistent with the <br />standards applicable to a first class project and in compliance with all applicable legal <br />standards and requirements. This obligation extends to such repairs on Parcel B, whether <br />to structures or otherwise as are necessary to maintain the Public Parking Facility in a <br />first class condition. In performing any of the work required or permitted in this <br />subsection, the City shall (i) take all measures reasonably required to protect the <br />Developer and the Developer's tenants or employees, or their respective property, from <br />injury or damage arising from the work or the entry in or on any easement granted <br />hereunder, (ii) perform any work at a time, for a duration and in such a manner so as not <br />to unreasonably impair or interfere with the development, construction, use, occupancy, <br />operation of or ingress to and egress from the Retail Cinema, (iii) undertake all <br />reasonable efforts and utilize all reasonable diligence so that the period of construction or <br />work affecting the property of the Developer is as short as reasonably practicable <br />(without incurring obligations for payment of overtime or premium unless reasonably <br />necessary to prevent material disruption or material inconvenience to the other party), <br />(iv) do all things reasonably necessary and proper in accordance with the building <br />construction industry standards in the City to keep all of the area affected by the work in <br />a safe and clean condition, and (v) upon completion of the work, replace and restore the <br />area affected by the work to its condition prior to the performance of the work, at the sole <br />cost and expense of the City. <br />Section 9. Repair and Restoration. If the Public Parking Facility is damaged <br />or destroyed by fire, the elements or any other casualty, the City shall repair or restore (or <br />cause to be repaired or restored) the Public Parking Facility, at its expense, to the same or <br />substantially similar condition as the Public Parking Facility existed prior to the damage <br />or destruction, together with such additional improvements as are required by then- <br />current applicable laws, codes or regulations, except in the case where the Developer or <br />its agents cause the damage, in which case the Developer shall be responsible for all costs <br />of repair. In the event the then-current applicable laws, codes or regulations require more <br />support for the Retail Cinema than are then required to repair or restore the Public <br />Parking Facility (the "Additional Support"), the City shall include such Additional <br />Support in its repair and restoration unless the use of the Public Parking Facility is <br />materially impaired thereby, and the City shall give the Developer the opportunity to <br />review and approve the plans for such Additional Support. <br /> REDW\0002\007-9PREF. DOC <br /> 6\25\04 1130 law <br /> 11 <br /> --.., -" <br />
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