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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
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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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D0A <br />insurance trustee for periodic disbursement to the Lessee of the damaged LessPar. I. <br />damage is confined to one Lessee Parcel, as the work of repair and reconstruction progresses in <br />accordance with prudent construction loan disbursement practices. If the repair work affects <br />more than one Lessee Parcel, such funds shall be periodically disbursed to the Family Parcel <br />Lessee for disbursement to the affected Lessees. The insurance trustee shall be a national bank <br />or a nationally recognized title company reasonably acceptable to the Lessees. <br />5.6 Condemnation. Any total or partial taking of the Project by eminent domain shall <br />be governed by the Leases. <br />5.7 Limitation of Restrictions on Lessees. The completion of construction of the <br />Project and development of the Phase II Parcel, and the ability of each Lessee to occupy its <br />Lessee Parcel and use such parcel in accordance with this Declaration is essential to the <br />establishment and welfare of the Project as a combined development. In order that such work <br />may be completed and the Project be established as a fully occupied community as rapidly as <br />possible, nothing in this Declaration shall be understood or construed to: <br />(a) Prevent any Lessee or its contractors or subcontractors from doing on or <br />within any Lessee Parcel whatever is reasonably necessary or advisable in connection with the <br />completion of such work (including construction of, or addition to, any construction that may <br />occur at a date or dates following completion of construction of the remainder of the Building); <br />or <br />(b) Prevent any Lessee or its representatives from erecting, constructing, or <br />maintaining on any part or parts of the Lessee Parcels such structures as may be reasonable and <br />necessary for the conduct of their business of completing such work and establishing the Project <br />as a combined commercial and residential community; or <br />(c) Prevent any Lessee from maintaining such sign or signs on any of the <br />Lessee Parcels as may be necessary for the sale, lease, or disposition thereof, to the extent <br />permitted by Section 3.4. <br />Each Lessee shall make, and shall cause its contractors and subcontractors to make, <br />reasonable efforts to avoid disturbing, while completing any work on the Project and Phase II <br />Parcel, the use and enjoyment of the Lessee Parcels by the other Lessees and their respective <br />Users. <br />5.8 Lessee's Compliance. Each Lessee shall be liable for performance of, and is <br />bound by and shall comply with, the provisions of this Declaration and the Project Rules. <br />5.9 Singular and Plural; Gender. The singular and plural number and masculine, <br />feminine and neuter gender shall each include the other where the context requires. <br />5.10 Notices, Demands and Communications. Except as otherwise provided in this <br />Declaration, formal notices, demands, and communications among the Lessees shall be <br />sufficiently given if, and shall not be deemed given unless, delivered personally, with a delivery <br />receipt; sent by United States Postal Service, certified mail, return receipt requested or sent by <br />25 <br />
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