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R2006-40 AUTHORIZING AGREEMENT WITH GMRI, INC.
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R2006-40 AUTHORIZING AGREEMENT WITH GMRI, INC.
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12/2/2015 11:17:14 AM
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Resolution/Ordinance
Res Ord Num
R2006-40
Res Ord Title
AUTHORIZING AGREEMENT WITH GMRI, INC. FOR OLIVE GARDEN PROPERTY
Approved Date
3/20/2006
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, ` � ' r <br /> E. Main Drive. "Main Drive" shall mean the portion of Pad A <br /> designated as "Main Drive" on the Site Plan attached to the O.E.A. <br /> F. No-Build Areas. °No-Build Areas° shall mean the portions of Pad A <br /> and Pad C shown cross-hatched on Exhibit B attached to this Agreement. <br /> G. Occunanf. "Occupant" shall mean any Person from time to fime <br /> entitled to the use and occupancy of any portion of a Building in the Shopping Center <br /> under an ovmership right or under any lease, sublease, license, concession, or other <br /> similar agreemerrt. <br /> H. Overflow Parkin� Area. "Overflow Parking Area" shall mean the <br /> portion of Pad A to be improved with pavement and curbing for use as parking, <br /> driveways and/or land�caping within the area outtined in bold on Exhibit C attached to <br /> this Agreemerrt. <br /> I. Partv. <br /> (a) "Party" shall mean each signatory hereto and its respective i <br /> sucxessors and assigns during the period of such Person's fee ownership <br /> of any portion of the Shopping Cerrter. A Party transferring all or any <br /> portion of its fee interest in the Shopping Center shall give notice to all <br /> other Parties of such transfer and shall include in such notice at least the <br /> following information: <br /> (i) The name and address of the new Party; <br /> (ii) A copy of the legal description of the portion of the Tract <br /> transferred by such Party; and <br /> (iii) lf the new Party is the designated Approving Party. <br /> Each Party shall be liable for the pertormance of all covenants, obligations <br /> and undertakings appiicable to the Tract or prortion thereof owned by it that <br /> accrue during the period of such ownership. A transferring Party shall be <br /> released from all obligations under this Agreement pertaining to the <br /> portion ofi the Tract transferred arising after the date of transfer. <br /> (b) If a Tract is owned by more than one (1) Party, the Party or Parties <br /> holding at least fifty-one percent (51°�) of the ownership interest in such <br /> Tract shall designate in writing one (1) Person to represent all owners of <br /> the Tract and such designated Person shalf be deemed the Person <br /> authorized to give consents and/or approvals pursuant to this Agreement <br /> for such Tract. <br /> (c) Nothing contained herein to the contrary shall affect the existence, <br /> priority, validity or enforceabifit�r of any lien permitted hereunder which is <br />
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