Adjacent Property. In the event Owner or a Developer, as applicable, acquires real property adjacent to the Property, City agrees to allow Owner or a Developer, as applicable, to subject such real property to the terms of this Development Agreement and the PDD Standards by an amendment to this Development Agreement subject to the approval of the City and Owner or Developer, as applicable.
Adjacent Property. The Buyer has independently investigated the use (present or future) and character of all property adjacent to the Property. The Buyer has not relied on any statements of any leasing agent or broker or any brochures or displays of the Seller concerning the use or character of any adjacent property. Noise Transmission. Seller has made no representations, warranties or assurances to Buyer concerning noise transmission, other than the Property will be built in accordance with all applicable building codes in effect at the time the plans for the Property were approved by the City of Erie. Buyer hereby agrees that (i) it is not uncommon in close living situations such as in the Property for noise to be heard from other dwelling units or from outside; (ii) sound tends to carry through pipes, air-conditioning, heating, wood studs and flooring; (iii) sound transmission is highly subjective; and (iv) sound transmission in a close setting is not uncommon, but to be expected, in particular noise generated in or about the garages and adjacent driveways on the Property.
Adjacent Property. Purchaser acknowledges that any undeveloped property adjacent to the Property may be developed and that Purchaser’s acquisition of the Property is not contingent upon this property remaining in its current natural state. Purchaser acknowledges that no representations or warranties, either verbal or written, have been or are made by the Seller, DIA, Xxxxxx Island Real Estate Company, LLC, their respective agents and employees or any other person that the adjacent property will remain in its current natural state or will become Common Area (as defined in the Declaration) of the Association.
Adjacent Property. The Buyer has independently investigated the use (present or future) and character of all property adjacent to the Project Site. The Buyer has not relied on any statements of any leasing agent or broker or any brochures or displays of the Seller concerning the use or character of any adjacent property.
Adjacent Property. Contractor shall be responsible for the preservation of all property adjacent to the Work Site, and shall use every precaution necessary to prevent damage thereto. In the event the Contractor damages any adjacent property, the Contractor shall at once notify the County and arrange to make full restitution.
Adjacent Property. 45 7.1.21 Employees............................................................................45 7.1.22 The Company..........................................................................45 7.2 Definition of Property Owner's Knowledge......................................................45 7.3 Survival Period...............................................................................46
Adjacent Property. The Company has purchased the Adjacent Property pursuant to the Adjacent Property Purchase Agreement with the proceeds of Capital Contributions made by the Members prior to the Effective Date. The Company shall own, entitle, finance, develop, improve, market and sell (or hold for investment) the Adjacent Property as appropriate in accordance with the applicable Business Plan.
Adjacent Property. (1) Landlord represents to Tenant that Landlord believes in good faith that Landlord has the right, pursuant to a written agreement with the Nevada Department of Transportation (“NDOT”) to purchase that certain seven (7) acre tract of land situated adjacent to the Leased Premises (the “Adjacent Tract”), a depiction and legal description of which is attached hereto and incorporated herein as Exhibit “D”, as if set out word for word.
(2) Landlord agrees with Tenant that if the Adjacent Tract becomes available for purchase, Landlord will exercise its best efforts to promptly consummate the purchase of the Adjacent Tract (and to promptly and fully advise Tenant in writing as to the status of such efforts as well as the time and date of the closing of such purchase).
(3) Landlord and Tenant further agree that upon the consummation of the purchase of the Adjacent Tract, such Adjacent Tract shall become part of the Leased Premises (and this Lease shall be amended by written agreement executed by Tenant and Landlord to reflect the addition of the Adjacent Tract to the Leased Premises).
(4) Upon the addition of the Adjacent Tract to the Leased Premises, the Annual Rent defined and described in Section 4, below shall be increased by an amount determined as follows:
(i) In the event the Adjacent Tract Option is exercised during the Initial Term, the Annual Rent shall be increased by the amount paid actually by Landlord to NDOT as the purchase price for the Adjacent Tract (as evidenced by the Purchaser’s Settlement Statement or such other similar instrument utilized by the title company at the closing of same) multiplied by an annualized “capitalization rate” of eight percent (8%)(By way of illustration only: assuming a purchase price of $2,000,000.00 and the annualized capitalization rate of 8%, the annual rent amount resulting from the formula set out in this subpart (bb) would be $160,000.00 [$2,000,000.00 x ..08=$160,000.00]).
(ii) In the event the Adjacent Tract Option is exercised during either the First Extension Term or the Second Extension Term, the Annual Rent shall be increased pursuant to the same alternatives identified in subsection 1.E.(4)(i), above.
(iii) Notwithstanding the above, any amounts due for Annual Rent in relation to the Adjacent Tract shall be prorated in accordance with Section 4.D., below.
(iv) After the expiration of the Initial Term (or the expiration of the First Extension Term, in the event the Adjacent Tract Option is exercised in su...
Adjacent Property. A PART OF XXXXXXXXX 0/0 XX XXXXXXX 0, X-0-X., X-x l-E., CITY OF XXXX, OAKLAND COUNTY, MICHIGAN, BEING DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9; THENCE N. 87° 26’ 35” E., 2,314.95 FEET ALONG THE SOUTH LINE OF SAID SECTION TO A POINT ON THE WESTERLY LINE OF INTERSTATE-75; THENCE ALONG SAID LINE N. 02° 57’ 32” W., 614.29 FEET AND ALONG A CURVE TO THE LEFT 165.83 FEET, SAID CURVE HAVING A RADIUS OF 2,673.79 FEET, CENTRAL ANGLE OF 03” 33’ 13” AND LONG CHORD BEARING OF N. 04° 44’ 08” W., 165.81 FEET ALONG SAID LINE TO THE POINT OF BEGINNING; THENCE S. 87° 26’ 35” W., 1,017.71 FEET; THENCE S. 53° 47’ 31” W., 190.40 FEET TO THE EASTERLY LINE OF TOWER DRIVE; THENCE N. 36° 12’ 29” W., 180.74 FEET; THENCE ALONG SAID LINE ALONG A CURVE TO THE RIGHT 232.94 FEET; SAID CURVE HAVING A RADIUS OF 397.50 FEET, CENTRAL ANGLE OF 33° 34’ 35” AND LONG CHORD BEARING OF N. 19° 25’ 13” W., 229.62 FEET; THENCE CONTINUING ALONG SAID LINE N. 02° 37’ 54” W., 236.31 FEET; THENCE N. 72° 05’ 07” E., 1,197.33 FEET TO A POINT ON THE WESTERLY LINE OF INTERSTATE-75; THENCE ALONG SAID LINE ALONG A CURVE TO THE RIGHT 843.07 FEET, SAID CURVE HAVING A RADIUS OF 2,673.79 FEET, CENTRAL ANGLE OF 18° 03’ 57” AND LONG CHORD BEARING OF S. 15° 32’ 43” E., 839.59 FEET TO THE POINT OF BEGINNING AND CONTAINING 19.762 ACRES.
Adjacent Property. Xxx 000 xx Xxxxxx 00 xx xxx Xxxxxxxx xx Xxxxxxxx, together with all right, title and interest of Seller in and to any Appurtenances thereto.
