Laserfiche WebLink
<br />200610447 <br /> <br />be no larger than the currently existing lowest panel. All modit1cations to the existing monument <br />signs would be made at Grantee's sole cost and expense, with the then existing cans and sign <br />panels being installed on the new monument sign in the same order, location and size as then <br />exists. The obligation of the parties pursuant to this Section shall terminate at such time as (i) <br />Grantor no longer is an Approving Party under the OEA, or (ii) Grantor no longer owns an <br />interest in the Shopping Center, whichever occurs first. <br /> <br />\.3 Acceptance ofImprovements, Site Plan, and Working Drawings. <br /> <br />(a) Improvements. The "Improvements" shall mean the building or <br />buildings, sidewalks, parking lots, signs, and all other improvements to be constructed upon the <br />Property by Grantee. <br /> <br />(b) Site Plan. "Site Plan" shall mean a site plan of the Property which shall <br />include: (i) a plan showing the location of the building and other improvements to be <br />constructed on the Property, including location of mechanical equipment and <br />telecommunications equipment; (ii) building architectural drawings, including exterior elevations <br />with colors and materials; (iii) a landscape plan; (iv) a signage plan; (v) a grading plan; and (vi) a <br />fence plan indicating any restricted access during construction. <br /> <br />(c) Acceptance by Grantor. Grantee shall submit its Site Plan to Grantor prior <br />to Grantee's submittal of the Site Plan to the City of Grand Island, Nebraska ("City") for City <br />approval, and Grantee shall not commence any construction of Improvements, until such time as <br />Grantee has received Grantor's full written acceptance of the Site Plan, which acceptance shall <br />not be unreasonably withheld or delayed. Grantor shall respond to a request for approval within <br />ten (10) days of receipt of the Site Plan. Any rejection shall be accompanied by explanation of <br />changes that, if made, would make the Site Plan acceptable. If Grantor shall fail to so notify <br />Grantee within ten (10) days after receipt of the Site Plan, Grantor shall be deemed to have <br />accepted the Site Plan. Grantee agrees not to amend or make any changes to any Site Plan which <br />has been previously accepted by Grantor without obtaining Grantor's prior written acceptance <br />thereto, which acceptance shall not be unreasonably withheld or delayed. Any Site Plan <br />accepted by Grantor prior to the date of this Deed shall be deemed accepted by Grantor for the <br />purposes of this Section. Notwithstanding the foregoing, however, if Grantee shall fail to submit <br />any materials or information required hereby to be submitted by Grantee as a part of the Site <br />Plan, nothing herein shall, and the acceptance by Grantor of any portion of the Site Plan shall <br />not, constitute a waiver by Grantor of its right to review and accept such materials or information <br />which Grantee so failed to submit. <br /> <br />1.4 Construction of the Improvements. Subject to Section 1.13, Grantee agrees (a) to <br />Commence Construction, as defined below, of the Improvements on the Property on or before <br />ninety (90) days after the date of this Deed ("Commencement Deadline"); (b) to proceed <br />therewith diligently and in a good and workmanlike manner until completion; and (c) to <br />Complete, as defined below, the Improvements in accordance with all governmental <br />requirements and with the Site Plan, to obtain a Certificate of Occupancy from the City for the <br />Improvements and open for business on the Property for at least one (I) day with a fully staffed <br />and stocked Viaero Wireless retail store, consistent with other Viaero Wireless retail stores in <br /> <br />{31858. 18.1 1117/2006 10: 14 AMJEPEA0227626.DOC;2} 3 <br />