Agmt04 cinema - closing docs - Laserfiche WebLink

Browse Search

location and configuration of the Parking Facility and the means of access between the Parking Facility and the Building and a comprehensive parking plan for downtown Redwood City (including parking outside the boundaries of the Center), as approved by the City in accordance with the Redevelopment Agreement. If the final site plan approved by Tenant pursuant to this Section 2.3(c) differs or deviates from the Site Plan attached hereto as Exhibit A-I, then upon approval by Tenant such final site plan shall be deemed substituted for Exhibit A-I attached hereto and thereafter shall be the "Site Plan" hereunder. At the request of either party, Landlord and Tenant shall execute an amendment to this Lease or other appropriate instrument to confirm the substitution of the Site Plan as provided above. (d) That, on or before December 31, 2002, the City and Landlord shall have entered into and recorded the Parking Agreement, in form and substance satisfactory to Tenant. An outline (but not exclusive list) of the terms and conditions to be mcluded in -, the Parking Agreement is set forth on Exhibit C attached hereto '" (e) That on or before December 31, 2002 Landlord shall acquire fee simple title to Landlord's Parcel (if not already owned by Landlord), record the Memorandum and deliver the Leasehold Title Policy to Tenant and obtain and provide the following to Tenant: (i) from the holder of each and every mortgage or deed of trust encumbering the Building or any portion thereof (or any other portion of the Center which is affected by this Lease), a Non-Disturbance Agreement in accordance with Section 21.1 below (with such modifications as may be required by the applicable lender and acceptable to Tenant in Tenant's reasonable judgment), and (ii) from the City, an estoppel certificate addressed to Tenant, dated on or after the date Landlord acquires Landlord's Parcel and not more than thirty (30) days prior to the commencement of Tenant's Work Period, confirming that the Redevelopment Agreement and Parking Agreement remain in full force and effect and have not been modified or amended (except as approved by Tenant in writing), that all conditions under the Redevelopment Agreement to be satisfied by Landlord have either been satisfied or waived by the City and that all conditions under Redevelopment Agreement to be satisfied by the City have been satisfied, and that no defaults or conditions exist which, with the passage of time or giving of notice, would constitute default on the part of Landlord under the Redevelopment Agreement or on the part of any party under the Parking Agreement, and (iii) evidence satisfactory to Tenant that Landlord has obtained a bona fide, binding construction loan commitment from a third- party institutional lender to provide construction financing for the Center and that all material conditions thereunder have been satisfied or waived. (t) That, on or before the Effective Date hereof, Tenant shall provide to Landlord for Landlord's review and approval, a copy of Tenant's financial statements (in audited form, if and only if available) for the most recently completed fiscal year for which such financial statements are available. Landlord's execution and delivery of this Lease to Tenant shall conclusively constitute Landlord's approval of such financial statements and Tenant's financial condition. From time to time upon receipt of written request from Landlord, but not more than once in any 12-month period, Tenant shall " 16 CHG02:3091375.v8 .. -,-. -.,..... .....