resolution regarding agreements augusta river front limited partnershippsg21-40

8/2/2019 Resolution Regarding Agreements Augusta River Front Limited Partnershippsg21-40

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term wthout the prior Written approval of the plans for suchexpansion ateraiono modficaibn by Developer whch approvalshal not be unreasonably wthhed

Section 6 4 Insurance Each Party shal during the period ofany construction restoraiono replacement of improvements on itsTract manan bulderIS risk nsurance on a nonreportingcompleted vaue bass wth extended coverage endor emen o extenditstireand extended coverage nsurance provided for herenduringany restoraiono replacement when the aoremenconed bulder srisk nsurance is no applicable Al such nBuranctay a theoption of the Party obtaining it conan a loss deductibeprovision of not more than 250 000 00 for such nsurance obanedby Developer and not more than 500 000 00 for any such nsuranceobanedby CityAKTICLE 7 OPERATION AND MAINTENANCE OF HOTEL IMPROVEMENTSSection7 1 aionof Hote Veveloper and o itsdesignee

operator for the Hote the Hote Operator shal open forbusiness and intialyoperate the Hote as an Omni Hote pursuanto the terms of a franchse agreement wth Omni Hote Corpora ionDuring the Term hereof theHote shal be operated as a firstclasshote and no operation o use shal be made conductedo permittedwthnthe Hote which is inconsisen wth o detrmena co thereputation of the Hote as a firstclass hote Developer shal aal tmes comply wthal applicable governmencal laws ordnancesrules and regulations intheoperacion of aHote

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GLUV K UHv H I L I Ci 4 J 4 1 1 J u n I b 1 1 F 11j

Section 7 2 Operation of Retgil Space An aggregate of notless than square feet of space locaed wthn the Hoteshal be used and operated a al tmes during the Term of thsAgreemen for purposes of resaurans lounges a hea h club giftshops and magazine stands and o other real purposes incidenaand complementary to che operation of the Hote Developer agreestha itwll no permit any tenan of such real space to seldstribute display o offer for sae any itemwhch is inconsis enwth the quality of operation of the Hote Improvements asestabishedherenowhchmigh tendtoinjure o detract fromthemora chaactero image of theliote Improvements

Section 7 3 Maintenance of Rote Improvements Developeragrees to manan and keep al Hote Improvements includinglandscaping associaed wtb the Rote Improvement in firstclasscondtionand saeof repair aal tmesARTICLE 8 OPERATION AND MAINTENANCE OF OFFICE IMPROVEMENTSSection8 1 General Developer shal operae and main anthe

Ofice Improvements as a class A officebuilding incompliance wthal applicable governmental laws ordnances and regulations Nooperation o use shal be made conducted o permitted wthn cheOfice Improvements whch is inconsisten wtho detrmena tothereputation of the Project as a firstclass busness and meetingcener Developer agrees to manan che Ofice Improvementsincluding reaed landscaping infirstclass condcion and reparaal tmes

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ARTICLE 9 OPERATION AND MAINTENANCE OF PAKK1NG IMPROVEMENTSSection 9 1 General The has contemporaneously herewth

leased the Parking Tract from theDeveloper for a termequal totheIntia Term The Cty hereby agrees tha during the Term of thsAgreemen ic shal operate o cause tobe operated on theAuthorityTract the Parking Improvements as a parking faci1 ity inaccordancewth the terms of ths Agreement and such unformnondiscriminatory rules and regulations as may be adopted from timeto time by the Ctv o the Authoricy as its assignee Nobarcades curbs gates o other obstacles shal be erectedwhiChbocko prohibit the free flowof traffic through the encrancesexitst ramps and driveways wthn the Parking Improvementsprovided however tha nothing heren shal prohibit i the

vehcula trafic wthn the Parking Improvements ii sucherection of such curbs and other conrol o safety improvementsdevces whch may be necessary t conrol and drect pedestrian andtemporary closing of he Parking Improvements as may be necessaryfor the Ceaning repair and manenance of the same as requiredrom time o ime o iiitheerectionof such tol booths and o

enrance and ext gates as are required to lim access to theParking Improvements toauhorized permittees and tocollect rensdue forte use of theParking Improvements

Section 9 2 Rens for Space Throughout the Term of hsAgreemen tneclyhal have the exclusive right tose o causetobe se therens for use of theparking spaces wthntheParking

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E 8 D H I I P H TEL I o 404 251 7152 Jun 06 89 14 15 P 11

Improvements provided tha the Cty shal consult wth Developerprior to establishing o changing such raes The ren scheduleshal be set in good fath wth a view towad charging rensconsisten wth market demand and raes charged by parkingfaclitiesserving comparable improvements The ren schedule shalbe applied ina unformand nondiscriminatory manner except thanothing herenshal prohbt the charging of a premium for reservedparking spacesSection 9 3 Alocaionof Spaces The Paties acknowledgetha as a public facility the Parking Improvements must beavalabe for use by members of thegeneral public and tha no more

than ten percen 10 of the parking spaces may be reserved forexclusiveuse of Developer The Cty agrees tha Developer may aany time during the Term upon agreement as to the rens to be paidtherefort designate up to ten percen 10 of the tota parkingspaces intheParking Improvements as reservedfor the exclusiveuseof Developer and o it designees Additionally the Cty shaldesignate no less than 250 parking spaces wthn the ParkingImprovements for firspriorityuse by Rotel guests not less than450 parking spaces for firstpriorityuse by tenans of the OficeBuilding and ther employees and invtees not less than 20 spacesfor firstpriorityuse by customers of any real space locaed inthe OficeBuilding snd Rotel J and the balance for first priorityUse by members of the general public The Cty shal adviseDeveloper of the locaionof such priority spaces and consisten


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wth itsduty to make theninety percent 9070 omore of the spaceswhich ae not reservedavalabe to members of thegeneral public ona first come first served bass shal endeavor topreserve suchspaces for use by the nended parties Such spaces shal belocaed wthn the Parking Deck and the surface parking lre a s asconveniently as possible for the priorityusers thereof Use ofsuch designated parking areas by Hote guests and by employees andinvtees of Ofice Building tenans shal be subject toal rulesand regulations applicable tothe Parking lmprovernen s as may be ineffect from time to time including the payment of applicableparking charges o rens The Cty shal no gran exclusiveopriority rights toanyone other thanthe invtees and permittees ofthe Developer ConstructionManager o Conference Cener Operator

Section 9 4 Special Parking Needs It is recognized by theCty tha Developer may from timetotime require addtona parkingspaces on a short term basi inconnecton o1ith speci81 even s ofunctions to be heda the Hote o the Conference Cencer Whensuch needs are idenified Developer or the Conference CenerOperator shal notify the operator of the parking faclitiesas fainadvance as possible and such operatorwll use itsbest effortsto accommoda e such requirements provided tha nothing herenshalrequire o authorize such operaor todisplace o remove from theparking areas ren paying customers o others eaitled touse theParking Improvements The parties acknowledge tha certanof thespaces wll be leased on a long termbass e g monthly o

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GLOVER DAVIS P A TEL t o 404 251 7152 Jun 06 89 14 16 P 12

Developer and o the operator of the Hote and to tenans of theOficeBuilding theCty agrees tha the lease raes therefor shalbe inaccordance iththe provisions of action9 2 above

Section 9 5 Maintenance of Parking Improvements The Ctyshal manan the Parking Improvements including reaedlandscaping in good clean and sightly condtionand repair insuch manner as wllmananthe appearance of the parking area insubstantially the same condtionas when itis intialy completednormal wea and tear expected Wthout the limtaion of theforegoing the Cty shal promptly repair al holes and cracks inconcrete o paved surfaces removeal papers debrs and refusewash o throughly sweep al paved aeas as required remove Bnowice surface waer and other obstructions and cleanand mananlighting fixtures and relamp as necessay The Cty shal asoresurface and restripe the parking aeas and refurbsh drectionasigns curbs and other components of the Parking Improvements fromtimeto timeas requiredSection 9 6 Hours of Operation Security Except for

temporary closing as permitted inSection 9 1 hereof the ParkingImprovements shal be kept open and lighted and reasonabe securityservceprovidedARTICLE 10 OPERATION AND MAINTENANCE OF CONFERENCE CENTERSection 10 1 Operation by Designee of Developer So long as

the Hote Improvements are operated as a hote and prior to theexpiration of the Intia term the Conference Cener shal be


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LlI tt I I i U I I i t

operated and managed by Developer through a qua 1 ified managementcompany seected and employed by te Developer and approved by teCty such approval no tobe unreasonably wthhed Such operaorof the Conference Cener shal be referred to heren as heConerence Center Operator It is concemplated th8 heConference Operator may be the same entity tha acts as the HoteOperator The Conference Cener Operator shal have dscretionandconrol inthe estabishmen of reasonabe rules and regulations forhe Conference Cener the estabshmen of reasonabe fees andcharges for use of theConference Center faclitiesand for food andbeverages and ancillary servces the employment and supervision ofal personnel accounting for the receipt and dsbursemen of fundsand al other activties relating totheoperation of theConferenceCenter Inal such respects the Conference Cener Operaco shaloperate the Conference Cener as a firstclass meeting conerenceand convenoncener which complements and ent1ances the operationof the Hote and shal no use conduct o permit any use of theConference Cencer which is disreputable o inconsisten wth afirstclass facility Fegardless of anything conaned heren ohe conray the Conference Cener Operator shal make the

Conerence Cen er avalabe for use by the Cty and o anynd1vduao any group on a first come firstserved basi8 wdhoutdscrimnaionfor sex race creed coloronaonaoriginAs compensation for itsservces o be endered inmanagemenc of

the Conference Cener the Developer o ifDeveloper so

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designates the Conference Center Opertitor shal receive 8management tee equal to al revenues from the operation ofConference Cener other thanfiftypercent 50 of thene revenuefrom the leasing of balrooms and meeting rOOID in the ConferenceCenter which later sums shal be held and dstributedas descrbedinSection10 5 below The amouns tobe paid toDeveloper and hedfor or dstributed to Cty shal be determined by a firm ofcertified public accounans on a period bass as agreed betweenCty and Developer Re ade85 of anyrhiOf contaned herein to theconray the fees charged for leasin balroom mee in rooms andproviding other faclities and servces a the Conference Cenerhal be reasonable and in conformity wth those being charged bysimla conference faclities and such fees may not be w ivedithout consen of Ctv

Section 10 2 Manenance and Repair of Conerence CenerVeveloper shal a itssole cost and expense except as set forthin Section 10 5 below be responsibe for maintaining theConference Cener ingood condtion and repair including wthoutlimtaion the foundaons structura supports exerio walsinerio wals and floors ceilings and permanent 1 ight ingfixtures sprinkler systems pipes wres and conduts wthn thewals floors and above ceilings roof gutters downspouts 1 utilitylines eevaors the heaing ventilating and ar conditioningsystem and other majo sysiems and fixtures instaled w hnleConference Cener1 and for al appropriate day today o periodic

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I L G I E F g IiA vIS P A TEL No 404 251 7152 Jun 06 89 q ctL P 03II

maintenance inconnection wth such items Developer shal also aits Bole cost and expense keep the Conference Center and alfurnture fixtures and equipment in good operating condition andrepar Wthout limitation of the foregoing Developer shalmanan the inerior of the Conference Center including walfloor and window coverings and shal replace o repair any brokenglass in doors o windows replace inerior light bulbs andrefurbish or replace from time to time as required al furniturefurnishings and equipment as ae requisite o desirable for theefficien operation of a first class conference cener includingchairs linens uniforms POdiums and staging platforms atwork

wthout limitation china glassware and silverware tables andnd decorative accessories In addition Developer shal bef the systems and equipment installed wthn the Conference

sible for al appropriate day today o periodc maintenanceenter Developer shal also maintain al landscaping instaled innd around the Conference Center ingood BCtracCve and sightlyondition In the even tha any of such items become inneed ofo repars the Cty may give writtennotice to theand the Developer shal proceed to perform such

wthna reasonable timeater receipt of such noticentenance o repars o cause such maintenance o repairs to be

wthn thrty 30 days ater writtennotice from theIf the

ty shal fal tomake any repars o commence any maintenanceof the Developer herein o inthe even of any emergency


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G O ER g ORVIS P R TEL I o 404 251 7152 Jun 06 89 9 47 P n

which in the opinion of the Cty renders such noticeimpracticable the Cty may a irs option make such repairs operform such maintenance inwhich even the Developer covenans toreimburse the Cty for thecos thereof and for fivepercent 5 ofsadcos for admnstraionfees provided tha the Cty shal notcharge Developer any admnstraion fee in the even of emergencyrepairs o replacements

Section 10 3 Insurance Notwithstanding anything to theconrayprovided inSection14 1 below theCty shal mananaits sole cost and expense i general public liablity nsurancecovering thepremises and iifireand extended coverage nsurancecovering the Conference Center against risks of damage o loss byfire and o her risks now o hereater embraced by llextendedcoverage 11 so caled in an amoun subject co commercialavalablity not less than the ful replacement cost of theConference Center exclusiveof the cost of excavaons foundationsand footings and al furnture fixtures and equipment owned by theCty and locaced theren sub ec to a 500 000 00 deductibeprnv1 inD n Hotel Developer and o Conference Center Operator asoshal manan appropriate liablity and workers I compensationinsurance relating to theoperation of the Conference CenerSection 10 4 Taxes The Developer shal pay al taxes if

any levedagainst theConference Center


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G 00ER DAVIS P A TEL I o 404 251 7152 Jun 06 89 9 48 P 03

Section 10 5 Reserve for Maintenance and CapitalImprovements During the Term hereof al of the sums to beretaned by theCty remaining ater payment of the management feeas provided inSection10 1 above i e fiftypercent 50 of thenet revenues from the leasing of balrooms and meeting rooms intheConference Center up to ha amoun necessay to fund the ReserveAccoun as defnedbelow tothe Maximum ReserveAmount as defnedbelow shal be mananed ina reserve for maintenance and capitalimprovements the Reserve Account Any of such amouns inexcessof the Maximum Reserve Amount as defined below shal bedstributedto theCty The Reserve Account shal be mananedbythe Conference Center Operator and co the excen Bums areavalabetheren shal be utilizedco pay the costs of the tems descrbedo rferenced in Section 10 2 above The Maximum Reserve Accounshal be tha amoun as shal be determined from time to time byDeveloper wth the approval of Cty which approval shal not beunreasonably wthhed co be sufficien for the proper manenanceand repair of theConference Cener during che ensuing ten 10 yeaperiodARTICLE 11 GENERAL PROVISIONS KEGARDING OPERATIONSection111 Compliance wth Laws Each Parcyrpon1befor

operaing any improvements referred toheren shal operate itsrespective Improvements in compliance wth al governmentalrequirements laws sautes regulations and o ordnancesapplicable tosuch Party 1 s Improvements Rnd the parry reFponsible

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JGLOVER ORVIS P R TEL t o 404 251 7152 Jun 06 89 9 54 P 06

for operating the same shal keep inful force and effect aaltimes al governmental permits and licenses required for the use andoperation of such Improvements

Section11 2 Landsca e Committeeestabish a commttee the Landscape

The Paties hereby agree oCommittee in order to

coordnae the formulaionand implementation of an overal plan forinstalaionof the complementary landscaping wthntheProject andthe estabishIIlent of common landscape main enance standards EachParty shal designate one person as its representative on theLandscape Committee by written notice to the other Paties TheLandscape Committee shal mee upon request from any paty duringthe period of construction of the Project and thereater on aperiodic bass but not less than once every yea in order torevew the landscaping scheme for the Project and any maintenanceprobems o issues

Section 11 3 HVAC Operation Insofa as certan of theImprovemen s of the Paties shal be internally connected throughcommon corridors and passageways Developer in operating thearconditioning and hearing system for the Hote Improvements and theConference Cener shal operate such systems ina manner which wllno unduly dran hea venilaiono ar conditioning from theImprovemencsof any other Party

Section11 4 Advertising and Promotion During al periods inwhch the Conference Cener is operated by Developer pursuant toths Agreement Developer shal be enitled torefer toand promote


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GLOVER ORVIS P R TEL r O 404 251 7152 Jun 06 89 14 17 P 1

II

theHotel and Conference Cener as aunfiedoperation known as theAugusta Riverwalk Hotel and Conference Cener The Cty and itsafiliaes including the Chamber of Commerce and theAugusta Richmond County Convention and Vsitors Bureau shalikewse be enitledto refer to the Hote and Conference Center bsuch name and to promote the same as a unfiedoperation subject toDeveloper I S right to revew and approve promotional literaure anadvertising of theCty and itsafiliaes wth respect to theHoteand Conference Cener

Section11 5 Ktchen The Developer and theCty have agreetha as a part of itsmanagement of the Convention Cener thDeveloper o itsdesignee anticipated to be the Hote Operatorshal provide al food servces for both the Hote and thConference Cener So long as Developer shal provide food servceto the Conference Cener Developehal have exclusive rights tthe u lizaionof the ktchen Cty and Developer have agreedhowever tha inthe even tha Developer o itsdesignee fal tprovide said food servces so tha same areunavalabe for thoperation of the Confence Centeor aperiod of seven 7 days omore then in such even the Cty o itsdesignee shal havenonexclusive license to utilize and operate the ktchento servcthe Confence Cener Said license shal coninue unil wittenotice is given by the Developer totheCty stating a dae ceao which the provision of food servces to theConference CetheDeveloper o itsdesigneewll be resumed and the provision

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same is in fact resumed on said date Developer shal make sadktchenavalabe toCty aal times and shal mananthe sameand a11 appl iances and fixtures contained theren in good workingcondtion Infurtheranceof the above agreement Cty and Developerhave granted those reciprocal easement rights descrbed inSection12 4 belowARTICLE 12 EASEMENTSSection 12 1 Easement for Access and Parking The Cty as

theowner of theParking Deck Tract hereby grants to Developer 1tsrespective tenans subtenants concessonares lcenseesemployees officers and invtees and to the Conference CenerOperation and itsemployees agents concessionaires lcensees andtnvtees nonexclusive perpetual easements over upon across andthrough theAuthority Tract for

a pedestrian and vehcula ingress toand egress fromtheParking Improvements

b circulaion passage and parking of v e hc l e s w i t hntheParking Improvements and

c circulaion and passage of pedestrians over andthrough such ramps walkways stairways eevaors and otherfacilities as may from time to time be ncludedwthnthe ParkingImprovements provided however tha the persons permitted to usesuch easemens by Developer shal be required to pay such parkingcharges o rents as may from time to timebe ineffect wth respecttothe Parking Improvements and shal be subject to the City s oitsdesignee I sJ rules and regulations regarding useof the Parking

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bLUVk v UHVl H rEL I o 404 251 7152 Jun 06 89 14 18 P 1S

ImprovementsI

Nothing in ths Section 12 1 shal be deemed torestrict the Conference Center Operator from restricting access tothe Conference Cener The easements granted under ths Section12 1 shal connue so long as the Parking Improvements continue toexist Enjoyment of the easemens granted in ths Section shalcommence on the dae the Parking Improvements ae substantiallycompleted and opened for business The Cty agrees to open theParking Improvements for business promptly ater they aresubstantially completed and to keep them open for busnessthereater during the Term

Section12 2 ConstructionEasements Each Party hereby grantsto each of the other Paties a temporary right privilege andeasemen to ener upon ther respective Tracts from time to time toconstruct theHote Improvements the Conference Cener the P a r klngImprovements the Cty Ancillary Improvements and the OficeImprovements pursuant to the approved plans for such improvementsEach Party shal have the right to perm t its conractors andsubconractors agents and employees to use the easemen granted forthe aoresad purposes The easement granted heren ncludes theright to construct columns footings and common lNals Anyutilizaionof the foregoing easement shal be made insuch a manneraswllnot inerferewthconstructionon theproperty of theotherPaties Such constructioneasement shal cease and termnae uponcompletion of construction of the Project Improvements Thejconstruction and locaion of any common footings undergroundsupports and common wals shal be subject to approval of the finaplans and specifications for such improvements by the Patiessharing such improvements

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G Ijf g DRI I P R TEL I o 404 251 7152 Jun 06 89 9 57 P l0

Section 12 3 Easements for Underground Supports Party Walsand Connection of Corridors The Cty and Developer acknowledge

J tha che Hotel Improvements may share common footingsand

underground supports herenater referred toas the UndergroundSupports and common wals herenater referred toas the Parcyv Walls wth the Conference Center and the Parking Deck Each ofsuch Paties hereby grants to the other Party a nonexclusiveeasemen for the construction and maintenance of openings in thewals between ther respective Improvements a the locaions shownby the Preliminary Hote Design Plans the Preliminary ConerenceCener Design Plans and the Preliminary Parking Design Pans inorder toconnect the corridors and passageways of such Improvementswthone another provided tha themanner of connectonshal be inaccordance wth generally accepted engineering and constructionpractice for improvements of such type and so as no toimpair thestructura inegrityof theother Party s Improvements and providedtha nothing heren inand of itsef shal be deemed tocreaeaneasemen for passage through any such connected corridors opassageways Al such easemens shal coninue so long as anyportion of ths Agreement shal remain effective and thereater solong as che improvements benefted by such easemens exist Theexerciseof easemen rights under ths Sectionby any Party shal beconducted in such a manner as wll mnmze inerference wth theconduct of usiness by the other Party Each of such Patiescovenans tha ifalo any pat of itsImprovements areremoved o

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GL V5R DRVIS P R TEL I o 404 251 7152 Jun 06 89 9 57 P 11

destroyed a any time hen it is not required to restore and doesnot eect torestoe such Improvements itilleave inplace anyfoundations footings owals or portions thereof no removed odestroyed if immediately before such removal o destruction suchfoundations footings o wals o portions thereof ere sharedjointly between such Party and the other Party Should in thereasonable opinion of e her Party the Party Wal o any portionthereof o the openings heren providing access between thePaties respective Improvements require repair o rebuilding theother Party sharing such Party Wall shal cooperate in such repairo rebuilding and shal cause such repair o rebuilding to beaccomplished a a time convenient toboth ith the cost of suchrepair o rebuilding tobe borne inequal shares provided tha thecost of any such repair tha may be occasioned by the n e g l e c orw11ful act of ether Party shal be borne by tha Party Thephrase repair and rebuilding as used heren shal no includeordinary manenance and caresuch as painting and cleaning

Section12 4 Easement forAKitchen The Cty hereby grants toDeveloper anexclusive right privilege and easemen intha certanportion of the Conference Cener which is designed to be a portionof the Ktchen and more particularly described and depicted inExhbt IIell h e r eo said easemen being for the purpose ofconstructing furnishing and operating wthnsuch easemen areaaktchenwhch shal serve both theHotel and the Conference CenerNo withstanding any provision of ths Agreement to the

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GLO E DRVIS P R TEL I o 404 251 7152 un 06 89 14 18 P 16

contrary t Developer shal be solely responsible for the cost ofmatntaining insuring repairing and replacing the Ktchen and anyand al personal property from time to time locaed theren Thesquare footage of the Ktchen shal be ncluded in the squarefootage of the Hote for al purposes of ths Agreement TheKtchenshal be constructed by Developer inaccordance wth finaplans and specifications prepared by Developer s achtect andapproved by Cty The easemen referred to above shal coninue aslong as theKtchenis used for the operation of a ktchenservingthe Hote Improvements The Developer hereby grants to Cty anexclusive right t privilege and easemen intha certanportion ofthe Rote which is designed to be a portion of the sad Ktchensadeasemen being for the purpose of constructing furnishing andoperating wthnsuch easemen areasadKtchenwhch shal serveboth the Hote and the Conference Center The easemen grantedherenshal coninue as long as Developer shal fal to p r o vd efood servce to the Conference Cener as provided inSection 11 5shove and theuse of the Ktchenis deemed necessary by theCty toservetheConference CenterSection 12 5 Easement for Attachment of Ofice Hote and

Conference Cener Improvements to Cty Improvements The Ctyhereby grants toDeveloper during the intia term a temporaryeasemen ono and across the property of theCty for thepurpose ofconstructing and maintaining sidewalks stairways and pedestrianbridges connecting such PatiesI respective Improvements wth thesdewaks and other improvements associaed wth the Rverwakproject as such project is to be extended along the portion of the


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II IE CobLl DA IS F A TEL I o 404 251 7152 Jun 06 89 9 9 P 13

Savannah Rver levee adjacent to the Project Stet such extensonstobe constructed a the locaions shown on the Master DevelopmentPano a 8uch other locaions as may be subsequently agreed uponby the Cty and the afected Party The construction of suchimprovements shal no be deemed infavor of the Cty o any memberof the general public but raher shal be for the sole andexclusive use and beneft of Developer and Conference CenerOperator and ther respective employees invtees lcensees andpermittees

Section12 6 Easement for Access toRiverwalk The Authorityas theowner of theAuthority Tract and theCty as owner of theAr Rights and the Project Rverwak Property hereby grant toDeveloper and its respective tenans subenans concessionaireslcensees employees officers and invtees nonexclusive temporarveasemens over upon across and through those outdoor sidewalksstairways pedestrian bridges boat docking faclities and otherimprovements constructed fromtime to timeon theAuthority Tract othe Projec Rverwak Property o in the Ar Rights which connectthe Conference Cener to theRverwak such easemens tobe for thepurpose of pedestrian passage toand from the Rverwak Enjoymentof the easemen granted herenshal commence on the dae tha suchwalkways stairways and bridges are substantially completed and theConference Cener is opened for business and shal connue so longas such improvements coninue toexist o unil December 31 2025whchever is sooner


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GlOVER DRVIS P R TEL o 404 251 7152 Jun 06 89 9 59 P 1

Section 12 7 Easement for Encroachments Whle it is theinen of he Paties to conine ther Improvements tothe limts of

toit is recognized tha ths result may notthe integrated naure of the Projectimprovements on any Tract following

ther respective Tractsbe achievedAccordingly

dueif theconstruction encroach on a portion of the Tract of another Partythe Party across whose Tract such improvements encroach herebygrants tothe Party whose improvements so encroach an easemen forso long as such improvements o any replacement thereof constructedduring the term of ths Agreement stan permitting theconstructionand maintenance of such improvements on such portion ofthegranor s cract

Section 12 8 Certan Reserved Rights Developer herebyreserves the right to eject from its premises including anycommon o tlpubl ic aeas thereof any persons not invted o

otherwse permitted touse same and to close off its respectiveImprovements a any time and from time to time for securitypurposes Further Conference Center Operator shal have the rightto close off o limt access to and from the Conference Cener aany time and fromtime totime for security purposes provided thathe Conference Cener Operator shal not be permitted to impedepedestrian access between the Parking Improvements o the RiverwalkImprovements on the one hand and the Hote Improvements on theo her hand through the walkways stairways and corridors of theConference Cener excepc inconnectonwth such temporary closings

resolution regarding agreements augusta river front limited partnershippsg21-40

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