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Agmt04 cinema - closing docs
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Agmt04 cinema - closing docs
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Last modified
7/5/2005 2:27:38 PM
Creation date
12/6/2004 9:14:09 AM
Metadata
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Template:
Agreement
Contractor Name
numerous files
PROJECT NAME
Cinema - closing documents from escrow
RMP File Number
100 bin 24
Date
11/29/2004
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<br /> Tenant, its employees, patrons and invitees to use the Common Areas (including the Parking <br /> , Facility), for their intended purposes throughout the Term, subject to the terms hereof <br /> Section 2.2 Site Plan. Landlord represents and warrants that Exhibit A-I attached <br /> hereto (the "Site Plan") is a generally accurate depiction of the Center, as approved by the City <br /> in accordance with the Disposition and Development Agreement ("DDA"), and illustrates the <br /> approximate location, relative size, height and position of all buildings and Common Area of the <br /> Center (including the Parking Facility) and the location of the Premises. Tenant acknowledges <br /> that such Site Plan attached hereto is preliminary and is subject to change in accordance with <br /> Section 2.3(c) below; provided, however that no material (as defined below in this Section) <br /> modification in the Site Plan - shall be effected without the prior written approval of Tenant in <br /> Tenant's sole discretion to be delivered promptly to Landlord. Promptly following the date upon <br /> which Landlord's Work has been substantially completed, Landlord shall deliver to Tenant an <br />., updated "as built" plan of the Center (the "As-Built Plan") to be provided by Landlord's general <br /> contractor and which shall be certified by Landlord's architect or engineer as correct and which' <br /> shall show the status of the Center's construction on the date Landlord's Work has been <br /> substantially completed. Landlord shall not cause or permit any material (as defined below in <br /> this Section) deviation between the Site Plan attached hereto and the As-Built Plan without first <br /> obtaimng Tenant's approval. With respect to aspects of the Center other than the Building, <br /> changes shall be deemed to be "material" if such changes materially and adversely affect the <br /> access to or visibility of the Premises from the Parking Facility (whether located on Block Two <br /> adjacent to the City Hall, and/or in other location(s) approved by Tenant) or from the public <br /> streets and sidewalks adjoining the Center, the visibility of Tenant's Signs from the public streets <br /> located immediately adjacent to the Premises, or the costs of construction or operation of the <br /> Premises to be borne by Tenant or if such changes materially and adversely alter the general <br /> character of the Center. Within sixty (60) days after the completion of any additional building <br /> (and after the completion of the demolition of any previously existing building), Landlord shall <br /> deliver to Tenant a further revised copy of the As-Built Plan, certified by Landlord's architect or <br /> engineer as correct. Such plan shall show the status of the Center's development after the <br /> completion of the construction of ' the additional building or the demolition of the previously <br /> existing building. The receipt of further revised As-Built Plan shall not be a substitute for <br /> Landlord's obligation to obtain any other approvals under this Lease. At the request of either <br /> party, any disagreement between the parties concerning the "materiality" of any changes to the <br /> Site Plan shall be resolved by arbitration pursuant to Section 18.5. <br /> Section 2.3 Conditions Precedent. This Lease shall be subject to the following <br /> conditions: <br /> (a) That, on or before March 29, 2002, Landlord shall deliver to Tenant, and <br /> within thirty (30) days after receipt thereof, Tenant shall review and approve, the <br /> Environmental Reports identified on Exhibit I hereto and, within ten (10) business days <br /> after receipt from Landlord, Tenant shall review and approve, the remediation plan (if <br /> any) to be undertaken by Landlord to address any Environmental Hazards identified in <br /> such Environmental Reports to be present within Landlord's Parcel in violation of <br /> Applicable Laws. If Tenant shall notify Landlord of its disapproval of any of the <br /> " <br /> 14 <br /> CHG02:3091375.v8 <br /> . -". ..".~. <br />
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