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8G Consent 2014 0915
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8G Consent 2014 0915
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Last modified
6/5/2019 9:23:39 AM
Creation date
9/10/2014 12:08:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/15/2014
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_CC Agenda 2014 0915 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0915
Reso 2014-098
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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PtCH&VU <br />the Phase II Parking Parcel Lessee , as applicable, to perform the necessaryn <br />(c) Except as provided in Sections 2.9(d) the cost of Maintenance of the Phase <br />II Parcel shall be borne by BART or the Phase II Parking Parcel Lessee upon execution of the <br />Phase II Parcel Ground Lease. <br />(d) The BART Parking Parcel Lessee shall Maintain the six (6) foot <br />pedestrian easement and twenty-five (25) foot driveway easement over the Phase Parcel II <br />granted to the Family Parcel Lessee and the BART Parking Parcel Lessee through the Map. The <br />cost of Maintenance of such easements shall be borne by BART Parking Parcel Lessee, Phase II <br />Parking Parcel Lessee, and Family Parcel Lessee in accordance with their Designated Shares. <br />2.10 Prohibited Alterations; Major Alterations. <br />(a) Subject to the requirements of the Leases, no Lessee shall, without the <br />prior written consent of the other Lessee construct or alter any Improvements on such Lessee <br />Parcels that will do any of the following: <br />(i) Unreasonably interfere with the other Lessee's use and enjoyment <br />of its Lessee Parcel; <br />(ii) Cause the termination or nonrenewal of insurance policies or an <br />increase in insurance premiums for another Lessee; or <br />(iii) Adversely affect or impair the architectural integrity of the <br />Building or the exterior of the Building. <br />(b) Prior to performing a "major alteration" to any Improvements owned by it, <br />the Lessee proposing to undertake the major alteration shall: <br />(i) Provide the other Lessees copies of the plans and specifications <br />for the work to be performed; and <br />(ii) Request and obtain the written approvals of the other Lessees, <br />which approval shall not be unreasonably withheld, conditioned, or delayed. <br />For the purposes of this Section 2.10(b) "major alteration" is defined as any alteration to <br />Project Serving Components except for purely cosmetic alterations (such as painting) that are not <br />visible from the exterior of the Project. <br />ARTICLE 3 <br />USE RESTRICTIONS <br />In addition to all of the covenants contained in this Declaration and in the Leases, the use <br />of the Property is subject to the following: <br />3.1 Family Parcel. The Family Parcel shall be occupied and used for residential and <br />13 <br />
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