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99106375
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99106375
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Last modified
3/13/2012 6:13:40 PM
Creation date
10/20/2005 11:47:33 PM
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DEEDS
Inst Number
99106375
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�. � <br /> 99 106375 <br /> the Ground Lease, without liability for any costs incurred by Landlord, its agents, contractors, <br /> subcontractors or employees for any work performed by Tenant subsequent to the date of default. <br /> In addition to the rights set forth in Section 15.3 of the Ground Lease and Article 10 (Default) of <br /> this Development Agreement, Tenant shall have the right to deduct Landlord's proportionate <br /> share of all costs incurred by Tenant in constructing and installing Center Pylon Signs A and B <br /> (including electrical hookup to the Common Area meter) from amounts otherwise due and <br /> payable to Landlord pursuant to the Ground Lease or Article 9 (Payment of Costs) of this <br /> Development Agreement. <br /> 3A. Development of Phase 2. <br /> 3A.1 It is expressly understood and agreed that, except as may be otherwise <br /> specifically provided in this Development Agreement, Landlord shall not be required to develop <br /> Phase 2 contemporaneously with the Phase 1 Site Work. Development of Phase 2 may take <br /> place on such later date as Landlord shall determine, and may be developed by Landlord in one <br /> or more phases. <br /> 3A.2 Any and all development work done on Phase 2 now or at any time <br /> hereafter shall be in full compliance with all of the provisions of this Development Agreement <br /> including, but not limited to, the site plan attached hereto as Exhibit "A," the "Insurance <br /> Requirements" attached hereto as Exhibit "C," and the "Site Development Criteria" attached <br /> hereto as Exhibit "B" and incorporated herein by this reference. Prior to the commencement of <br /> the development of each portion of Phase 2, the Owner of the property within Phase 2 which is <br /> proposed to be developed shall submit to Tenant for its review and approval the building exterior <br /> design, including building elevations, materials, colors, canopy sections and other pertinent <br /> details for each building to be constructed within said Phase 2 (the "Drawings"). Tenant shall <br /> approve or disapprove (with reasons specified) the foregoing Drawings within thirty (30) days <br /> after the receipt thereof, and shall not unreasonably withhold said approval if the Drawings fully <br /> and completely conform to the architectural theme of the balance of the Shopping Center at the <br /> time said Drawings are submitted to Tenant. The buildings or other improvements constructed <br /> on Phase 2 shall conform to the Drawings provided to and approved by Tenant under this <br /> Section 3A.2, and said Drawings shall not be modified without the prior written approval of <br /> Tenant. <br /> 3A.3 Prior to the commencement of the development of each portion of Phase 2, <br /> the Owner of the property proposed to be developed within Phase 2 shall submit to Tenant for its <br /> review and approval the drawings and specifications setting forth in detail the requirements for <br /> construction of all Site Work to be done within said Phase 2. Said drawings and specifications <br /> shall also contain the location of the staging areas required for the construction of any and all <br /> buildings to be constructed on Phase 2. For purposes of this Section 3A.3, the phrase "Site <br /> � <br />
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