|
110 411 93103418
<br /> partially enclosed structures or on roofs, whether
<br /> above, below or at grade, and whether contained in
<br /> single or multi-level structures;
<br /> (iii) any outside areas (including those
<br /> covered by canopy, awning or other protective
<br /> cover and which sides are generally unwalled)
<br /> which is permitted to be and is used for the
<br /> storage and/or display of merchandise to be sold
<br /> at retail or exterior restaurant seating or
<br /> similar purposes; and
<br /> (iv) emergency fire and service corridors and
<br /> all common areas located within building
<br /> improvements, including, without limitation, all
<br /> malls, restrooms, pedestrian walkways, stairways,
<br /> escalators and elevators, and all other similar
<br /> areas not located within any store.
<br /> 1.8 Laws: The laws and Constitution of the State of
<br /> California, the laws and Constitution of the United States and
<br /> any codes, statutes or executive mandates in any court decision,
<br /> state or federal, thereunder.
<br /> 1.9 Mortgage: A mortgage, deed of trust, sale and
<br /> leaseback arrangement in which the Property or a portion thereof
<br /> or an interest therein is sold by Developer and leased back
<br /> concurrently therewith (which arrangement is subject to no prior
<br /> contractual encumbrances securing payment of money) , or other
<br /> transaction in which the Property, or a portion thereof or an
<br /> interest therein, is pledged as security, contracted in good
<br /> faith and for fair value.
<br /> 1. 10 Mortgagee: The holder of the beneficial interest
<br /> under a Mortgage.
<br /> 1. 11 Party: A signatory to this Agreement, or a
<br /> successor or assign of a signatory to this Agreement.
<br /> 1. 12 Ppoiect: As defined in Recital C.
<br /> 1. 13 Property: The real property outlined in Exhibit A
<br /> and described in exhibit B hereto on which Developer intends to
<br /> develop the Project.
<br /> 1. 14 Shopping Center: As defined in Recital B.
<br /> 1. 15 Traffic Litigation Improvements: As defined in
<br /> Section 3 . 2 .
<br /> 2 . Effective Date: Term.
<br /> 2 . 1 Effective Date. This Agreement shall be dated and
<br /> the obligations of the parties hereunder shall be effective as cE
<br /> -4-
<br />anical, electrical, telephone, HVAC and
<br /> other such building operating equipment, whether
<br /> or not physically separated or otherwise required
<br /> by building codes;
<br /> (ii) any area designated for the parking of
<br /> motor vehicles, whether contained in enclosed or
<br /> -3-
<br />n this Agreement and made the
<br /> same findings and determinations as the Planning Commission. On
<br /> that same date, the City Council made a decision to approve this
<br /> Agreement by introducing Ordinance No. 1578 (the "Enacting
<br /> Ordinance") . on October 6, 1992, the City Council adopted the
<br /> Enacting Ordinance. The Enacting Ordinance became effective on
<br /> November 5, 1992 .
<br /> NOW, THEREFORE, pursuant to the authority contained in
<br /> Government Code Sections 65864-65869. 5, and in consideration of
<br /> the mutual covenants and promises of the parties herein
<br /> -2-
<br />,'4.'. ... 4: :•. •,,,s
<br /> EMII
<br /> wrist) Pt ti - k_ )_ .- $ : el e
<br /> iv -,.,..v. \-!•51,i.,/‘441,,,k. 4 ' .
<br /> ,‘9 2 ' ' li .. '. •Jt
<br /> 1 16.114
<br /> ... w '• ., It ..r. 0 rii-t.k..q.L .?..) 6.A. b,:"0:: •
<br /> 1,. . .. •', •.• .. ,...
<br /> Its „. - .4 4.- :F
<br /> 4.••••-i, . 476' 44.14itive 0 I' PM NO b.,1441( -'.. 0''' e.:1 Px
<br /> 4.. L•mo.eb• • fl 1 .
<br /> 51.' .
<br /> rAi;•?•(7..1:-i.. B ‘v‘ •46
<br /> i° ' A tO 'DO 1160. • ..
<br /> ..4.At P4V • . getfoli.'01 . v p 4,-
<br /> .. .,4.. f
<br /> . .. 1101 tk-A tt
<br /> 4 - C
<br /> 90. -'‘ ' - . 'Lb ai,t•'1.•r,':1 -.: . . A
<br /> . w•
<br /> reUlt-1.... i
<br /> •;A• rA RiIi_ E3 1j 1. ..),, -"TT.)"NI ;:.'.f7.•![....? o , 1 i.1 .. .. 5
<br /> t V Vi
<br /> • )
<br /> RECOrIDERS MEMO ---.}
<br /> LENBILITY FOR NICPORt,ING MD
<br /> CPPY1')G tifh•APSFACrOry Pi .1 POHTION
<br /> nt 71.IC I 1-.. t III. 1,1 ll' ,, ..• ",-,-,...•... ft
<br />
|