Common use of Community Physical Improvements Clause in Contracts

Community Physical Improvements. MINI of Santa Xxxxxx shall incorporate, construct, operate and maintain enhanced elements of the Building’s design, including an Enhanced Walkway Area as shown on the Project Plans. MINI of Santa Xxxxxx shall make the Enhanced Walkway accessible to the public at all times, except that MINI of Santa Xxxxxx xxx limit public access to such Enhanced Walkway between the hours of 2:00 am through 5:00 am. The public use of the Enhanced Walkway shall be: (i) consistent with the terms and conditions of this Agreement; (ii) solely for pedestrian access to and passive use of the Enhanced Walkway by the public, including walking, strolling, and similar activity; and (iii) compatible with MINI of Santa Monica’s development, use and enjoyment of the Project. No use other than pedestrian access to and passive use of the Enhanced Walkway by the public shall be permitted on the Enhanced Walkway. Notwithstanding the above, MINI of Santa Xxxxxx xxx limit public access to the Enhanced Walkway Area during other hours, but only if the Enhanced Walkway area is utilized for outdoor dining. The Enhanced Walkway shall remain the private property of MINI of Santa Xxxxxx with members of the public having only a license to occupy and use the Enhanced Walkway in a manner consistent with this Article 2. Nothing in this Agreement shall give members of the public the right, without the prior written consent of MINI of Santa Xxxxxx, which consent may be conditioned or withheld by MINI of Santa Xxxxxx in MINI of Santa Monica’s sole discretion, to engage in any other activity on the Enhanced Walkway, including, without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying overnight;

Community Physical Improvements. MINI of Santa Xxxxxx Developer shall incorporate, construct, operate and maintain enhanced elements of the Building’s 's design, including an Enhanced Walkway Area as shown on the Project Plans. MINI of Santa Xxxxxx Developer shall make the Enhanced Walkway accessible to the public at all times, except that MINI of Santa Xxxxxx xxx Developer may limit public access to such Enhanced Walkway between the hours of 2:00 am a.m. through 5:00 am. a.m. The public use of the Enhanced Walkway shall be: (i) consistent with the terms and conditions of this Agreement; (ii) solely for pedestrian access to and passive use of the Enhanced Walkway by the public, including walking, strolling, and similar activity; and (iii) compatible with MINI of Santa MonicaDeveloper’s development, use and enjoyment of the Project. No use other than pedestrian access to and passive use of the Enhanced Walkway by the public shall be permitted on the Enhanced Walkway. Notwithstanding the above, MINI of Santa Xxxxxx xxx limit public access to the Enhanced Walkway Area during other hours, but only if the Enhanced Walkway area is utilized for outdoor dining. The Enhanced Walkway shall remain the private property of MINI of Santa Xxxxxx Developer with members of the public having only a license to occupy and use the Enhanced Walkway in a manner consistent with this Article 2. Nothing in this Agreement shall give members of the public the right, without the prior written consent of MINI of Santa XxxxxxDeveloper, which consent may be conditioned or withheld by MINI of Santa Xxxxxx Developer in MINI of Santa MonicaDeveloper’s sole discretion, to engage in any other activity on the Enhanced Walkway, including, without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying overnight;; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Developer reasonably deems to be inconsistent with other uses in the Project or with the use of the Enhanced Walkway by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding skating or similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers/carriages), and Developer shall retain the right to cause persons engaging in such conduct to be removed from the Project. Should any such persons refuse to leave the Property, they may be deemed by Developer to be trespassing and Developer may contact local law enforcement to request that appropriate law enforcement actions be taken. Developer shall be entitled to establish and post rules and regulations for use of the Enhanced Walkway consistent with the foregoing. Nothing in this Agreement or in the Project Plans shall be deemed to mean that the Enhanced Walkway is a public park or is subject to legal requirements applicable to a public park or other public space. Nothing in this Section 2.6.2(b) is intended to limit the rights of any member of the public to use the Enhanced Walkway for any purpose which is protected by the United States Constitution, the California Constitution or any other applicable federal or California law that overrides the rights granted to Developer under this Development Agreement with respect to limitations on use of the Enhanced Walkway.

Community Physical Improvements. MINI of Santa Xxxxxx Developer shall incorporate, construct, operate and maintain enhanced elements of the Building’s design, including an Enhanced Walkway Area and Open Arcade as shown on the Project Plans. MINI of Santa Xxxxxx ; Developer shall make the Enhanced Walkway and Open Arcade Areas accessible to the public at all times, except that MINI of Santa Xxxxxx xxx Developer may limit public access to such Enhanced Walkway and Open Arcade Areas between the hours of 2:00 am through 5:00 am. The public use of the Enhanced Walkway and Open Arcade Areas shall be: (i) consistent with the terms and conditions of this Agreement; (ii) solely for pedestrian access to and passive use of the Enhanced Walkway and Open Arcade by the public, including walking, strolling, and similar activity; and (iii) use of the bike share area in the Open Arcade if and when established; and (iv) compatible with MINI of Santa MonicaDeveloper’s development, use and enjoyment of the Project. No use other than a bike share system in the Open Arcade and pedestrian access to and passive use of the Enhanced Walkway and Open Arcade by the public shall be permitted on the Enhanced WalkwayWalkway or Open Arcade. Notwithstanding the above, MINI of Santa Xxxxxx xxx Developer may limit public access to the Enhanced Walkway Area during other hours, but only if the Enhanced Walkway area is utilized for outdoor dining. In the event any portion of the Hotel and/or Leasable Space is occupied by one or more Restaurant or other food service type of uses, Developer and/or Restaurant Operator shall ensure that tables and chairs are provided in the Enhanced Walkway as shown on the Project Plans, or as otherwise may be approved by the Planning Director, to accommodate not less than twelve (12) and not more than twenty-four (24) patrons during the Restaurant’s hours of service. Any request for additional exterior seating shall be subject to Planning Director approval as provided in Condition 10 of Exhibit H. In the event the Hotel and/or Leasable Space is not occupied by a Restaurant Use or other food service type of uses, Developer and/or Leasable Space Operator(s) shall nonetheless ensure that outdoor seating is provided in the Enhanced Walkway as shown on the Project Plans, or as otherwise may be approved by the Planning Director, to accommodate not less than nine (9) persons, or as otherwise may be approved by the Planning Director based on the actual tenant and use of the Leasable Space. The Enhanced Walkway and Open Arcade shall remain the private property of MINI of Santa Xxxxxx Developer with members of the public having only a license to occupy and use the Enhanced Walkway and Open Arcade in a manner consistent with this Article 2. Nothing in this Agreement shall give members of the public the right, without the prior written consent of MINI of Santa XxxxxxDeveloper, which consent may be conditioned or withheld by MINI of Santa Xxxxxx Developer in MINI of Santa MonicaDeveloper’s sole discretion, to engage in any other activity on the Enhanced WalkwayWalkway or Open Arcade, including, without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying overnight;; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Developer reasonably deems to be inconsistent with other uses in the Project or with the use of the Enhanced Walkway or Open Arcade by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding skating or similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers/carriages), and Developer shall retain the right to cause persons engaging in such conduct to be removed from the Project. If any such persons refuse to leave the Project, they may be deemed by Developer to be trespassing in accordance with applicable law concerning the removal of trespassers from private property. Developer shall be entitled to establish and post rules and regulations for use of the Enhanced Walkway and Open Arcade consistent with the foregoing. Nothing in this Agreement or in the Project Plans shall be deemed to mean that the Enhanced Walkway or Open Arcade is a public park or is subject to legal requirements applicable to a public park or other public space.

Community Physical Improvements. MINI of Santa Xxxxxx Developer shall incorporate, construct, operate and maintain enhanced elements of the Building’s 's design, including an Enhanced Walkway Area as shown on the Project Plans. MINI of Santa Xxxxxx Developer shall make the Enhanced Walkway accessible to the public at all times, except that MINI of Santa Xxxxxx xxx Developer may limit public access to such Enhanced Walkway between the hours of 2:00 am through 5:00 am. The public use of the Enhanced Walkway shall be: (i) consistent with the terms and conditions of this Agreement; (ii) solely for pedestrian access to and passive use of the Enhanced Walkway by the public, including walking, strolling, and similar activity; and (iii) compatible with MINI of Santa MonicaDeveloper’s development, use and enjoyment of the Project. No use other than pedestrian access to and passive use of the Enhanced Walkway by the public shall be permitted on the Enhanced Walkway. Notwithstanding the above, MINI of Santa Xxxxxx xxx Developer may limit public access to the Enhanced Walkway Area during other hours, but only if the Enhanced Walkway area is utilized for outdoor dining. In the event any portion of the Hotel and/or Leasable Space is occupied by any Incidental Food Service use, Developer and/or the Incidental Food Service Operator shall ensure that tables and chairs are provided in the Enhanced Walkway as shown on the Project Plans, or as otherwise may be approved by the Planning Director, to accommodate not less than six (6) and not more than twelve (12) patrons during the Incidental Food Service’s hours of service. Any request for additional exterior seating shall be subject to Planning Director approval as provided in Condition 10 of Exhibit H. In the event the Hotel and/or Leasable Space is not occupied by an Incidental Food Service use, Developer and/or Leasable Space Operator(s) shall nonetheless ensure that outdoor seating is provided in the Enhanced Walkway as shown on the Project Plans, or as otherwise may be approved by the Planning Director, to accommodate not less than nine (9) persons, or as otherwise may be approved by the Planning Director based on the actual tenant and use of the Leasable Space. The Enhanced Walkway shall remain the private property of MINI of Santa Xxxxxx Developer with members of the public having only a license to occupy and use the Enhanced Walkway in a manner consistent with this Article 2. Nothing in this Agreement shall give members of the public the right, without the prior written consent of MINI of Santa XxxxxxDeveloper, which consent may be conditioned or withheld by MINI of Santa Xxxxxx Developer in MINI of Santa MonicaDeveloper’s sole discretion, to engage in any other activity on the Enhanced Walkway, including, without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying overnight;; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Developer reasonably deems to be inconsistent with other uses in the Project or with the use of the Enhanced Walkway by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding skating or similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers/carriages), and Developer shall retain the right to cause persons engaging in such conduct to be removed from the Project. If any such persons refuse to leave the Project, they may be deemed by Developer to be trespassing in accordance with applicable law concerning the removal of trespassers from private property. Developer shall be entitled to establish and post rules and regulations for use of the Enhanced Walkway consistent with the foregoing. Nothing in this Agreement or in the Project Plans shall be deemed to mean that the Enhanced Walkway is a public park or is subject to legal requirements applicable to a public park or other public space.