FULL PACKET_2009-05-18 - Laserfiche WebLink

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~ G ,L; 1. Deftned Terms. Defined terms in this Amendment which appear as defined terms in the Agreement shall have the meaning given to such terms in the Agreement except as otherwise provided herein. 2. Termination of T_e_mnorary Parking Agreement. Doubletree and GP2 hereby agree and acknowledge that curtain Agreement for Temporary Use of Parking Spaces dated April 27, 2405, is terminated and is of no further force or effect other than for any indemnity obligations arising from acts or events occurring prior to the date of termination. Relocation of "Permanent" Parkine Spaces. (a) Relocation ofTwenty-Five !25) Spaces from Hutton Centre 1 to Cinema Parcel. Notwithstanding the terms of the Agreement, Doubletree and GP2 hereby agree that the twenty-five {25} existing parking spaces granted to Doubletree on Hutton Centre 1 (as that term is defined in the Agreement} shall be relocated to the property more specifically described in Exhibit "A" and further depicted on Exhibit "$" both of which are attached hereto and made a part hereof (the "Cinema Parcel"). Accordingly, commencing as of the date hereof, Doubletree shall no longer have use of any parking spaces on Hutton Centre 1, and effective as of the date on which the parking facilities on the Cinema Parcel have been completed and applicable certificates of occupancy or use have been issued therefor, Doubletree, its employees, tenants, subtenants and their respective invitees (the "Doubletree Perrnittees") shall have the right to use no more than twenty-five (25} non-exclusive parking spaces an the Cinema Parcel. The grant of the twenty-five (25) non-exclusive parking spaces on the Cinema Parcel shall remain subject to all of the terms and conditions of the Agreement; provided, however, that such twenty-five (25} non-exclusive parking spaces shall not be subject to relocation, as previously provided in the Agreement. The grant of such twenty-five (25) non-exclusive parking spaces shall be subject to all reasonable, nondiscriminatory rules and regulations established for the use of the pazking areas located on the Cinema Parcel. Notwithstanding the foregoing, neither Doubletree nor any of the Doubletree Permittees shall be required to pay or be subject to any charge, fee or other imposition associated with the use of such spaces; provided, however, a validation or parking identification system (at no cast} may be instituted and operated without the consent of Doubletree. Such twenty-five (25} non-exclusive parking spaces shall be available to Doubletree's Petmittees twenty-four (24} hours a day, seven (7} days a week, subject to interruption of use for repair, improvements, alterations and casualty. GP2 represents and wan: ants that it is the owner of the Cinema Parcel, and has the rights to grant the right to use such twenty-five (25) non-exclusive parking spaces, as provided herein. (b) lvTo Effect on l-Tutto~Centre 4 Parking. Nothing set forth in this Amendment shall be deemed to have affected, and the Agreement shall be deetned to be unmodified with respect to Doubletree's parking rights with respect to twenty-five (25}parking spaces on Hutton Centre 4 as more particularly set forth in the Agreement. (c) Right to Install Parking Sign. Subject to Doubletree's compliance with the requirements of the City of Santa Ana therefor, and issuance of applicable permits, and subject to the granting of azchitectural approvals pursuant to the terms of the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Cinema Tower Retail Center and the Mutual Benefit Agreement Between Owners of Mixed-Use Project (Cinema Towers Retail} Doubletree shall have the right to install, at GP2`s solo cost and expense, a sign at or near the entrance to the parking area on the Cinema Parcel advising that such parking area is available as ~,~,9~.~ woos-u3ars• t6~e.`mac 75B-239